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Cq<,FORN�P CITY COUNCIL STAFF REPORT
DATE: March 1, 2017 PUBLIC HEARING
SUBJECT: ADMINISTRATIVE REVIEW AND CONFORMITY REPORT FOR THE
VISION AGUA CALIENTE MASTER PLAN, TO ALLOW FOR THE
EXPANSION OF THE EXISTING SPA RESORT CASINO, 350 HOTEL
ROOMS, MEETING ROOMS, RETAIL/CULTURAL SPACE, A
SPA/FITNESS CENTER, AND A PARKING STRUCTURE ON AN 18-
ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST
CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY,
ZONE RA ('RESORT ATTRACTION'), SECTION 14 (CASE 5.1410).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The Agua Caliente Band of Cahuilla Indians has a submitted a project report for the
Vision Agua Caliente Master Plan ("Master Plan"), a plan document that establishes
development standards for an 18-acre site located at the northeast corner of Indian
Canyon Drive and Tahquitz Canyon Way. The plan would allow for an expansion of the
existing Spa Resort Casino by up to 68,000 square feet, the development of up to 350
hotel rooms within a 510,000 square foot tower with a height of up to 175 feet, 60,000
square feet of meeting space, 50,000 square feet of mixed-use/cultural/retail space, a
40,000 square foot spa/fitness center, and a parking structure with approximately 650
parking spaces.
In accordance with the Agreement for Tribal/City Land Use Coordination ("Agreement'),
included as Appendix 4 of the Palm Springs Zoning Code, the City has prepared an
Administrative Review and Conformity Report for the project. The City Council may
approve the Conformity Report and transmit it to the Tribe for their consideration
pursuant to the Agreement, and/or request a Joint Meeting with the Tribe to further
discuss the project.
RECOMMENDATION:
1. Open the public hearing and take public input;
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS APPROVING A CONFORMITY REPORT FOR THE
VISION AGUA CALIENTE MASTER PLAN, ALLOWING FOR THE EXPANSION
ITEM NO. Z
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March 1, 2017 -- Page 2
Case 5.1410
OF THE EXISTING SPA RESORT CASINO AND ADDITION OF 350 HOTEL
ROOMS, MEETING ROOMS, RETAIL/CULTURAL SPACE, A SPA/FITNESS
CENTER, AND A PARKING STRUCTURE ON AN 18-ACRE CONSOLIDATED
SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE
AND TAHQUITZ CANYON WAY IN SECTION 14;" and
3. Schedule a joint meeting with the Tribal Council pursuant to Section 5 of
Agreement #1324A to discuss issues relative to the Vision Agua Caliente Master
Plan, or as an alternative, appoint a City Council subcommittee to work with City
staff and Tribal staff in resolving any issues related to the Master Plan.
ISSUES —ADMINISTRATIVE REVIEW:
• Build-out of all development anticipated under the Master Plan will result in the
need for additional Police Department personnel and equipment.
• Development of the Master Plan will require additional Fire Department
personnel, equipment, and facilities.
ISSUES — CONFORMITY REPORT:
• The Master Plan would allow a hotel height of up to 175 feet, which exceeds the
100-foot height limit specified in the Section 14 Specific Plan.
• The Master Plan would provide 37% open space, which does not meet the 40%
open space requirement of the Section 14 Specific Plan.
• The number of parking spaces proposed for the Master Plan does not conform to
the minimum number of spaces required by the Section 14 Specific Plan.
• The Tribal Environmental Impact Report (TEIR) has certain errors and omissions
that should be corrected to adequately determine the impacts of the project and
the associated mitigation measures.
PROCESS:
The City and the Tribe entered into the Agreement on December 15, 1998, to facilitate
an expedited process for the City to review and comment on development projects
located on land owned directly by the Tribe. The Agreement identifies a schedule for
project review; in order to comply with the Agreement, the following schedule has been
prepared:
Item Timeline Required Timeline
1. Pre-Submittal N/A N/A
2. Submission of Project 90 days prior to Tribal January 11, 2017
Report approval
3. Administrative Review CC review 30 days after March 1, 2017
submission of Project Report
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Case 5.1410
Item Timeline Required Timeline
4. Conformity Report CC adopts within 30 days of March 1, 2017
receiving Administrative
Review
5. Joint Meeting City and Tribal Councils April 1, 2017
within 30 days of adopting
Conformity Report
6. Final Tribal Action 90 days after submission of No sooner than
Project Report April 11, 2017
The Administrative Review and adoption of the Conformity Report by the City Council may be
consolidated into a single review per Section 7 of the Agreement.
Based on the Agreement, the City Council has 60 days from the submittal of the Project
Report to perform the Administrative Review and take action on the Conformity Report.
Should the City Council deny the Conformity Report or fail to take action within the 60-
day timeframe, the Tribal Council has the authority to proceed in taking action on the
Project regardless of any decision (or inaction) by the City.
The Agreement allows for a Joint Meeting of the City Council and the Tribal Council
once the City Council has taken action on the Conformity Report. The purpose of the
Joint Meeting is to discuss the Conformity Report and whether any measures should be
taken to make the Project more conforming with the rules, regulations, and ordinances
of both the City and the Tribe. The Joint Meeting must take place within 30 days of the
City Council taking action on the Conformity Report; however, the meeting may be
waived with the approval of both the City Council and the Tribal Council. In the
alternative, as both the Tribe and the City Council held public meetings on the issue of
the Master Plan, a Council Subcommittee could be created to work with City staff and
Tribal staff to resolve any issues related to the plan.
PROPOSED PROJECT:
The Tribe has submitted a project report for the Vision Agua Caliente Master Plan
("Master Plan"), which covers an 18-acre area of Tribal Trust land located adjacent to
and including the Spa Resort Casino. The Master Plan area is identified as the area
bounded by Amado Road on the north, Indian Canyon Drive on the west, Tahquitz
Canyon Way on the south, and Calle Encilia on the east, while also incorporating the
Spa Resort Casino parcel and its adjacent parking area. The Master Plan proposes a
program of development totaling 728,000 square feet that will include the following:
Expansion of the existing Spa Resort Casino by up to 68,000 square feet;
• Development of up to 350 hotel rooms within a 510,000 square foot building, with
a height of up to 175 feet;
• 60,000 square feet of meeting space;
• 50,000 square feet of mixed-use/cultural/retail space;
A 40,000 square foot spa and fitness center; and
• 650 additional parking spaces.
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Case 5.1410
The Master Plan also calls for the removal of the existing US Post Office building at the
corner of Amado Road and Calle Encilia, which is intended to be relocated elsewhere in
the City. As this is a plan for future development, no specific building plans or
elevations have been submitted in conjunction with the project report. The Master Plan
is intended to establish the program, development standards, and scope of the project,
with specific building designs to be developed later. The Master Plan is intended to be
developed in phases; however, no specific phasing schedule is included in the project
report.
ANALYSIS —ADMINISTRATIVE REVIEW:
The purpose of the Administrative Review is to determine the adequacy of police and
fire safety services, and any other services of the City necessary for the project; any
health, safety or welfare concerns; compatibility of the project with surrounding
properties; and the fiscal impact of the project. The project report has been circulated to
Police, Fire, Community & Economic Development, Building & Safety, and the
Engineering Services departments. The following section of the staff report details the
comments from the various departments
Police Department Review:
The Police Department has reviewed the project report for the proposed Vision Agua
Caliente Master Plan, and has identified impacts that will require additional officers and
equipment to adequately address public safety. At full build-out, the project will draw an
increased number of visitors, both on a daily basis and during planned special events.
The planned expansion of the casino and accompanying hotel, parking structures, and
related facilities will require additional personnel to enforce laws, address public
nuisances and ensure the safety of visitors and guests. The expanded facility will result
in increased pedestrian and vehicular traffic, which may result in increased accidents,
thefts, loitering, and other disturbances. These impacts will require the City to seek and
program additional funding to adequately maintain public safety for development in and
adjacent to the Master Plan area.
In previous years, grant funds were available from the Indian Gaming Special
Distribution Fund to assist in covering the costs of the additional personnel and
equipment that were needed to address the primary and secondary impacts associated
with casino gaming. Beginning in February 2004, the City received funding for two
officers to patrol the Spa Resort Casino and the adjacent downtown area. In 2007,
funding was received for two additional officers to provide coverage for the casino and
adjacent area. Additional funding was received through the program that covered a
portion (10%) of the salary and benefits for a downtown patrol sergeant and police
manager, and for Police Activities League (PAL) and drug prevention program funding.
Due to a dwindling fund balance, the City has not received any grant monies from the
Special Distribution Fund since FY 11/12. The State of California estimates that only
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Case 5.1410
$6.7 million in funding will be available statewide for FY 17/18, and a negative fund
balance is anticipated for FY 18/19. Consequently, the City cannot depend on grant
funding through the Special Distribution Fund to budget for the additional personnel and
equipment necessary to provide service for the Master Plan development.
Based on the anticipated impacts of Master Plan and the additional visitors to the area,
the Police Department is requesting the following additional personnel and equipment:
• Two (2) Police Officers to patrol the Spa Resort Casino and surrounding
downtown area;
• Five (5) police officers and one (1) Community Services Officer to be assigned
exclusively to address calls for service at the casino and around the casino;
• One (1) Police Sergeant to supervise all officers assigned to the casino and
downtown;
• One (1) Police Officer to address homelessness on and adjacent to the casino
property, and to be deputized to enforce Federal law on allottee and Tribal
property;
• One (1) civilian community engagement/social media specialist;
• Funding for four (4) fully-equipped police bicycles;
• Funding for two (2) fully-outfitted patrol vehicles; and
• Funding for one (1) 4-wheel drive vehicle to be used by the officers assigned to
address homelessness issues.
These needs are based on the full build-out of the project as anticipated by the Master
Plan; as this is intended to be a phased development, it is assumed that personnel and
equipment would be added as each phase of the development is completed. The full
cost for the positions and equipment listed above would be $1,568,705. Funding for the
personnel would be an ongoing expense that would need to be allocated each year;
equipment funding would need to be allocated for the initial purchase, and then for
repair or replacement as needed in subsequent budget cycles.
Fire Department Review:
The project report for the Master Plan has been reviewed by the Fire Department to
assess equipment and personnel needs based on the proposed scope of development.
Based upon the size, height, and capacity of the development proposed under the
Master Plan, the Fire Department has identified the need for additional personnel,
equipment and facility space. The memo provided by the Fire Department identifies two
different options regarding the amount of staffing and equipment needed to respond to a
high-rise fire, with the costs associated with each option. Both options would require
additional vehicles to be stored at Fire Station #1, which does not have the capacity for
additional equipment or staff. The station would either need to be expanded, or an
alternate location identified. As with the needs identified by the Police Department, the
personnel and equipment identified by the Fire Department anticipates full build-out of
the development, and would be added incrementally as phases of the development are
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Case 5.1410
completed.
Building Permits/Impact Fees:
The Building & Safety Department will not be responsible for reviewing construction
documents, issuing permits or collecting impact fees for the proposed development as
projects on Tribal land, as permitting for such projects are handled directly by the Tribe.
Taxes and Revenue:
Development on Tribal land is exempt from the collection of standard taxes and fees
that would typically accrue to the City for similar projects. Absent the collection of these
taxes, the City must depend on other funding mechanisms to address the additional
services that will be necessary for the proposed Master Plan development.
Economic Development:
The firm of Keyser and Marston Inc. has prepared an analysis of the economic impacts
of the proposed development. A copy of the report will be distributed to City Council
members and posted to the City website prior to the public hearing on March 1, 2017.
ANALYSIS — CONFORMITY REPORT:
Per the Agreement, the Conformity Report shall detail the conformance of the project to
existing City rules and regulations, and the compatibility of the project with surrounding
properties. The following tables and discussion provides an analysis of the project
relative to the requirements of the Section 14 Specific Plan.
Site Area
Net Acres Approximately 18 acres (including the vacated rights-of-way of
Andreas Road and Ca/le Encilia)
Land Use Designation and Proposed Uses:
Chapter 4 of the Section :' 14 Specific Plan identifies the following land use
designations for the Master Plan area and surrounding properties:
Surrounding Existing Land Use Per PSZC Section 14 Specific Plan Land
Property Chapter 92 Use Designation/Zoning
Designation
Subject Property Casino Use, Post Office Use, RA (Resort Attraction)
Parking Lot Use
North Restaurant Use, Cocktail REO (Retail/Entertainment/
Lounge Use, Parking Lot Use I Office), RA Resort Attraction
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Case 5.1410
South Retail Use, Restaurant Use RA Resort Attraction
East Hotel Use, Residential Use HR (Residential High), RA
Resort Attraction
West Retail Use, Office Use, CBD (Commercial Business
Restaurant Use District
Ch pter.6 of Ahe Seaton 14:Spe6tfic=Plan irovtdes for the followtpg,uses in,the, AA
..... 1
Resort rbfbtion --Iand use,tlasi nation ..
Proposed Uses Conformance to Section 14 Specific Plan
— RA Resort Attraction Designation)
Casino Use Conditional Use Permit (only with Tribal
Council approval)
Hotel Use Permitted by right
Meeting Space Permitted in conjunction with a Resort
Hotel Use
Cultural Use Permitted by right
Under 10,000 SF permitted by right;
Retail Use between 10,000 SF and 20,000 SF
re uires Conditional Use Permit
Health/Fitness Center Conditional Use Permit
The Section 14 Specific Plan designates the area within the boundaries of the Master
Plan as RA (Resort Attraction), which allows for a mixture of hospitality, retail, and
entertainment uses. The Specific Plan states as follows:
"Resort Attraction (RA) — This designation allows for large-scale resort
hotel complexes, hotels, and major commercial recreation attractions
integrated with retail and entertainment facilities."
The uses proposed by the Master Plan are consistent with the purpose of the RA
(Resort Attraction) land use designation, and are consistent with the uses listed in Table
6-1 of the Section 14 Specific Plan document. Certain uses, such as the casino use
and the health/fitness center use, will require that a Conditional Use Permit be
approved; other uses are permitted by right. Consequently, the uses proposed by the
Master Plan are consistent with the Section 14 Specific Plan.
In terms of compatibility, the uses proposed by the Master Plan are generally
compatible with adjacent and surrounding uses. One area of concern is the presence of
multifamily residential uses located to the east of the Master Plan area. However, the
Master Plan does not propose any additional construction on the east side of the project
area, and impacts of the project may be reduced as long as traffic is directed to the
Indian Canyon Drive and Tahquitz Canyon Way frontages.
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Case 5.1410
Development Standards:
Pursuant ,to�Chapter 6 'of the Sectio 1;14.Specific P;tan,'the 'following"debelopment
standards'a I :
Standard Required/ Proposed Compliance
Allowed
Floor Area Ratio 3.0 (for 1.4 Y
consolidated
ro'ects
Min. Lot Area 2.0 Gross Acres 18.0 Gross Acres Y
Height— Hotel Tower 35 Feet; up to 175 Feet N
100 Feet subject
to a CUP
Height — Hotel Entrance, 35 Feet; up to 30 Feet Y
Retail 100 Feet subject
to a CUP
Height — Casino 35 Feet; up to 45 Feet Y
Expansion 100 Feet subject
to a CUP
Height— Health/Fitness 35 Feet; up to 20 Feet Y
Center 100 Feet subject
toaCUP
Parking Structure 35 Feet; up to 47 Feet Y
100 Feet subject
to a CUP
Open Space 40% 37% N
Min. Setbacks
.Indian Canyon 5 Feet 5 Feet or greater Y
•Tahquitz Canyon 20 Feet 20 Feet or greater Y
•Calle Encilia 20 Feet 20 Feet or greater Y
.Amado 20 Feet 20 Feet or greater Y
*Andreas 20 Feet 20 Feet or greater Y
As a consolidated project, the F.A.R. may be increased to 3.0.
2Any building over 35 feet would be subject to the requirements for a high-rise building.
Pursuant to Chapter 6,.of "the Section, 14 Specific Plan, the following additional
setbacks_apply to high-rise buildings: ' .
High-Rise Building Requirements Required Provided Compliance
Hotel Tower (175'): 175' 580' Y
Min. Setback 1:1 to residential
Casino Expansion (45'): 45' 540' Y
Min. Setback 1:1 to residential
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Case 5.1410
Pursuant'to Chapter 6 of the Section,.14 Specific- Plan, the following additional
setbacks apply to hi h-rise-buildm w'
High-Rise Building Requirements Required Provided Compliance
Parking Structure (47'): 47' 425' Y
Min. Setback 1:1 to residential
The Master Plan proposes a "consolidated project," which is described and defined as
follows in Section 6.5 of the Specific Plan:
"With a significant amount of vacant and underutilized land available for
development in Section 14, an exciting opportunity exists for consolidating
individual parcelslallotments into larger development sites. Larger,
consolidated sites provide the chance to develop integrated projects that
offer greater amenities, creative building designs, greater options for site
access, and ultimately a stronger impact. To encourage the consolidation
of parcels and ultimately fulfillment of its vision, the Specific Plan provides
both development incentives and flexible zoning standards for
development."
"Commercial or mixed-use development on sites designated as REO, RA,
LSC, or NC on the Land Use Plan in which at least two or more
parcelslallotments totaling five (5) or more acres combined are
consolidated for one planned project."
The project site currently includes 11 parcels and totals approximately 18 acres
combined, and therefore qualifies as a consolidated project. As a consolidated project,
the development is eligible for a greater Floor Area Ratio (FAR) than would otherwise
be permitted for non-consolidated development. The Master Plan proposes a FAR of
1.4 across the development site, which is in conformance to the FAR of 3.0 that would
be allowed for a consolidated project. The project is also in conformance to the lot area
requirements and setback requirements identified in the Section 14 Specific Plan. The
casino expansion and parking structure will both exceed the 35-foot height limit and are
subject to additional setback requirements for high-rise buildings; both structures will
meet the minimum required setback from the nearest residential district.
There are two areas where the proposed development standards do not conform to the
requirements of the Section 14 Specific Plan: the hotel tower height and open space
requirement. The Specific Plan establishes a height limit of 35 feet in the RA (Resort
Attraction) land use designation, but allows a height limit of up to 100 feet upon
approval of a Conditional Use Permit. At 175 feet, the proposed hotel tower far exceeds
the maximum height permitted by the Section 14 Specific Plan. This building height
would be more than twice the height of the next tallest building in Palm Springs, and
represents a significant and drastic departure from the low-scaled character of
development within the City. Based on the fact that the proposed height is inconsistent
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Case 5.1410
with the existing development pattern and is not allowed under the Section 14 Specific
Plan, it is recommended the building height be reduced to no more than 100 feet.
Should the Tribe proceed with the development of the tower at a height of up to 175 feet
against the objections of the City, it is recommended that an application to amend the
Specific Plan be submitted and approved prior to any entitlements or issuance of
permits.
The other aspect of the proposed standards that does not conform to the Specific Plan
is the amount of open space proposed for the project. The Specific Plan requires a
minimum of 40% open space; the project as proposed would provide 37% open space.
The usable open space as identified in Table 6-2 of the Specific Plan allows for outdoor
living and recreation areas to be included in the calculation. The use of pedestrian
plazas at key nodes in the development, the development of pedestrian paseos
between the buildings and outdoor patios and recreation areas may assist in increasing
the open space so as to conform to the Specific Plan requirements.
Density:
Pursuant to Chapter 6 of the Section 14 Specific Plan, the following density limit
applies:
Permitted Density Site Area Units Allowed Units Proposed Compliance
86 Units Per Acre 1 3.8 Acres 327 Units 350 Units N
Note: If the Master Plan site is to be mapped as a consolidated parcel, a maximum of 1,548 hotel units
would be permitted based on the 18-acre parcel size. The project report identifies the hotel with a parcel
size of 3.8 acres.
The Section 14 Specific Plan allows a maximum density of 86 hotel units per acre. The
Master Plan proposes a total of 350 units; the project report identifies the hotel as being
located on a 3.8 acre parcel, which would permit a maximum of 327 hotel units. If the
project is mapped as a consolidated project, a total of 1,548 hotel units would be
permitted across the 18-acre parcel. Considered as a consolidated project, the
proposed hotel density would be in conformance to the Specific Plan.
Parking:
Pursuant to Chapter 6 of the Section ;14 Specific Plan, the following parking standards
apply:
Use SFf#of Units Parking Ratio Spaces Required
Casino — Existing 119,000 SF 1/90 SF 1,322.22 spaces
Casino — Expansion 68,000 SF 1/90 SF 755.56 spaces
Hotel —first 50 units 50 units 1/unit 50 spaces
Hotel — over 50 units 300 units .75/unit 225 spaces
Meeting Space 60,000 SF 1/250 SF 240 spaces
Retail/Cultural 50,000 SF 1/250 SF 200 spaces
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Case 5.1410
Pursuant to Chapter 6 of the Section 14 Specific Plan, the following parking standards
apply:
Use SF/#of Units Parkin Ratio Spaces Required
Health/Fitness Center 40,000 SF 1/450 SF 88.89 spaces
Total Spaces Required: 2,882 spaces
Total Spaces Provided: 1,500 spaces
The total parking required for all uses within the Master Plan area is 2,882 spaces.
There are 850 spaces in the garage that is currently under construction to the north of
the Spa Resort Casino building, and there would be an additional 650 spaces provided
as part of the build-out of the Master Plan, resulting in a total of 1 ,500 spaces provided.
Based on these numbers, the project will have a deficit of 1,382 parking spaces. The
project report notes that the Tribe has approximately 2,000 additional parking spaces in
the vicinity of the Master Plan area, which is assumed to be surface parking lots located
north of Amado Road. In addition, the report notes that prior to the issuance of building
permits, the Tribe will prepare a Specific Parking Plan pursuant to PSZC Section
93.06.00(B)(11). While it may be assumed that there will be certain efficiencies in
parking as hotel guests will also be utilizing the casino, fitness and retail facilities, a
Specific Parking Plan would need to detail the peak hours for each use and identify the
maximum number of parking spaces needed. Should the parking study conclude that
the number of parking spaces provided within the Master Plan area is inadequate to
meet the peak hour parking demand, the surface parking areas north of Amado Road
should be encumbered to satisfy the parking needs of the project.
Street Access and Pedestrian Connectivity:
The Master Plan identifies that the principal access to the hotel, casino expansion, and
cultural/retail space will be from Indian Canyon Drive. Secondary access will be from
Amado Road, which will provide access to the parking structures on the north side of
the project. Additional access is also proposed from Calle Encilia at Andreas Road. In
order to reduce impacts to the residentially-zoned areas to the east, access for the
project should be limited to the Indian Canyon, Tahquitz Canyon, and Amado Road
frontages. Minimal access should be provided from Calle El Segundo so as to reduce
traffic impacts to the adjacent residential properties.
Street vacations of Andreas Road and Calle Encilia have been approved in support of
the development of the Vision Agua Caliente Master Plan. The vacation of these
roadways was first anticipated in 1994, when the General Plan was amended to change
the classification of the roadways and a Planned Development District was approved for
a gaming facility (Resolution #18463). The first vacation occurred in December 1996,
when Andreas Road was vacated between Indian Canyon Drive and Calle Encilia
(Resolution #18944), The second vacation was approved at a public hearing in May
2016 (Resolution #24027), which vacated portions of Calle Encilia between Amado
Road and Tahquitz Canyon Way, and a portion of Andreas Road between Calle Encilia
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Case 5.1410
and Calle El Segundo.
With these street vacations, it is still important to maintain pedestrian connectivity
through and around the perimeter of the project area, and to encourage connections to
the Convention Center to the east. The project should facilitate pedestrian connections
across Indian Canyon on the Andreas Road axis; ideally, this pedestrian axis would be
maintained through the project site so as to connect to the Convention Center. In
addition, it is recommended that pedestrian connections be maintained along the Calle
Encilia corridor to facilitate movement through the site. By maintaining and continuing
these pedestrian axes through the site, it will assist in reducing the potential
11superblock" scale of the project and encourage and draw pedestrians to the project
from the downtown area and the Convention Center.
ENVIRONMENTAL IMPACT:
The Tribe has completed a draft Tribal Environmental Impact Report (TEIR) addressing
the potential environmental effect of the proposed Master Plan in compliance with the
Tribal Environmental Policy Act and Section 11.1 of the Tribal-State Compact between
the State of California and the Agua Caliente Band of Cahuilla Indians. The draft TEIR
concludes that Air Quality, Land Use and Planning, Population and Housing, Public
Services (Fire Services and Law Enforcement), Operation Noise, and Utilities and
Service Systems (solid waste and energy) impacts would be less than significant. The
TEIR identifies that potentially significant Aesthetic, Cultural Resources, Water
Resources, Construction Noise, Transportation and Traffic, and Utilities and Service
System (water supply, wastewater, and drainage) impacts can be mitigated to less than
significant levels by implementing the mitigation measures identified in the Draft TEIR.
The City has conducted a peer review of the TEIR, and has identified issues and
questions regarding aspects of the environmental analysis and proposed mitigation.
The following discussion provides a summary of the key issues relative to the TEIR:
Aesthetics — Section 5.1
• The aesthetics analysis of the 175-foot tall tower does not consider
impacts associated with views on the ground; all exhibits are taken from a
bird's-eye view. In addition, several key viewpoints are missing from the
simulations.
• The TEIR does not address outdoor lighted signage; as the casino
currently has lighted signage and video screens in place, it is assumed
that the new structures will also utilize illuminated signage. The TEIR
should include a discussion analysis of any illuminated signage proposed
for the project.
Air Quality — Section 5.2
• The air quality analysis has conflicting build-out dates, and also utilizes
data for land use categories that do not match the actual use.
Consequently, the analysis may not reflect the operational emissions or
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Case 5.1410
greenhouse gas generation accurately.
Land Use — Section 5.5
• The land use analysis identifies that the project does not conform to the
Section 14 Specific Plan height and open space requirements, but
concludes that the project is consistent with the Specific Plan. A
consistency finding cannot be made when the open space does not meet
minimum requirements and the height is significantly greater than what is
allowed by the adopted plan.
Noise — Section 5.6
• The noise analysis considered only traffic noise in quantifying impacts,
and did not analyze noise impact from the proposed project on adjacent
properties.
• The TEIR does not address impacts of potential noise generation from
outdoor events. As outdoor events are currently held on the project site, it
can be expected to occur on a regular basis as part of the build-out of the
site, and noise from such events should be included in the analysis.
Public Services — Section 5.8
• The TEIR addresses response time and personnel for fire and police
services, but does not address whether the departments have sufficient
equipment and facilities to serve the proposed project. The analysis
provided by the Police Department and Fire Department and included as
an attachment to the City's peer review of the TEIR (included as an
attachment to this Staff Report) indicates that additional equipment will be
necessary to service a development of this scale, as well as additional
personnel.
Traffic and Transportation — Section 5.9
• There are concerns that the methodology used may not adequately model
the impact generated by the project. Specific examples are provided in
the memo from Engineering Resources of Southern California, Inc. which
is included as an attachment to this report.
• The analysis identifies that delay could be reduced at approximately 16 of
the 37 studied intersections, and also that the Volume to Capacity ratios
will decrease or stay the same. Based on the scale and traffic generated
by this project, these assumptions should be reevaluated.
• The Tribe should be responsible to design and construct a traffic signal at
Ramon Road and Calle El Segundo as part of the mitigation for the
project, as the intersection does not meet the operational requirements of
the General Plan and municipal code. There is also conflicting data as to
the percentage that can be attributed to the project.
• The calculations for traffic signal change intervals should be revised to
adopt the timing and methodology used by the City.
Utilities and Service Systems — Section 5.10
• Based on the square footage and number of hotel rooms proposed within
the project, a Water Supply Assessment should have been prepared and
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Case 5.1410
processed in conjunction with the analysis.
• The analysis assigns the same water consumption factor to the casino as
for the existing post office, despite the marked difference in operations. In
addition, the same electric and natural gas factors used for the post office
are also utilized for the casino. It is recommended that the analysis be
revised based on actual usage at the casino, as the data should be
available from operations over the last several years.
Growth Inducement— Section 7.0
• The analysis determines that the project could generate a need for 711
residences, but does not identify how that figure was derived. In addition,
the TER describes how there is sufficient vacant land to accommodate
those units, but does not address whether these units can be built at a
price that the lower-wage service workers who would represent the
majority of new workers at the site would be able to afford.
A separate letter will be prepared and submitted to the Tribe prior to the close of the
comment period on March 13, 2017, identifying all issues and concerns with the
environmental analysis that was conducted for the project.
CONCLUSION:
The proposed Master Plan will assist in revitalizing a key area of downtown Palm
Springs, and will contribute to the economic health of the community. While the City
supports the Tribe's efforts to redevelop this area, there are impacts related to the
proposed Master Plan that need to be addressed. The issues are as follows:
1. The provision of additional police personnel and equipment to address the
safety issues related to the increase of visitors and workers in and
adjacent to the Master Plan area;
2. The provision of additional fire personnel, equipment and facilities that will
be necessary to support the scale of the development as proposed;
3. The proposed hotel tower significantly exceeds the maximum height
permitted by the Section 14 Specific Plan;
4. The proposed open space does not meet the 40% open space required
under the Section 14 Specific Plan;
5. The number of parking spaces proposed does not conform to the number
parking spaces required under the Section 14 Specific Plan; and
6. The TEIR prepared to evaluate the Master Plan does not adequately
address certain impacts of the development, and may require additional
analysis or corrections to adequately determine the impacts and mitigation
measures.
Based on the issues listed above, it is recommended that a Joint Meeting of the Tribal
Council and the City Council be scheduled to discuss the Vision Agua Caliente Master
Plan.
1 �
City Council Staff Report
March 1, 2017-- Page 15
Case 5.1410
Flfnn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
David H. Ready, Esq., Ph.D.
City Manager
Attachments:
1. Vicinity Map
2. Draft Resolution and Recommended Conditions of Approval
3. Tribal/City Land Use Coordination Agreement
4. Police Department Memo
5. Fire Department Memo
6. Peer Review— TEI R
7. Vision Agua Caliente Master Plan Project Report
(Note: Fiscal analysis report by Keyser Marston Inc. to be provided prior to the City
Council meeting on 03101117)
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CITY OF PALM SPRINGS
Case # 5. 1410 Spa Resort Casino
17
ATTACHMENT # 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING A CONFORMITY REPORT
FOR THE VISION AGUA CALIENTE MASTER PLAN,
ALLOWING FOR THE EXPANSION OF THE EXISTING
SPA RESORT CASINO AND ADDITION OF 350 HOTEL
ROOMS, MEETING ROOMS, RETAIUCULTURAL SPACE,
A SPAIFITNESS CENTER, AND A PARKING STRUCTURE
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.
1q
Resolution No. _
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 5 of Agreement #1324A, the City Council
hereby requests a Joint Meeting with the Tribal Council to discuss the Administrative
Review and Conformity Report, including the anticipated need for additional Police
Department and Fire Department personnel, equipment and facilities resulting from the
ultimate build-out of the Project, and whether any measures should be taken to make
the Project more conforming with the rules, regulations and ordinances of both the City
and the Tribe.
ADOPTED THIS 1 ST DAY OF MARCH, 2017.
David H. Ready, Esq., Ph.D.
City Manager
ATTEST:
Kathleen D. Hart, MMC
Interim City Clerk
20
Resolution No.
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. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen D. Hart, MIMIC
Interim City Clerk
21
RESOLUTION NO.
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. Section 14 Specific Plan Amendment — Building Height Overlay. It is
recommended that the Section 14 Specific Plan be amended to reflect the
proposed Building Height Overlay, should the Tribal Council approve the
Master Plan as proposed with a hotel tower height of up to 175 feet. The
amendment to the Specific Plan should occur 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.
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,
1 22
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 confrom 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.
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
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.
2 23
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.
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,
24
3
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
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
4 25
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
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)
5 26
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
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
6 27
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.
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.
28
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.
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.
29
8
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 30
ATTACHMENT # 3
2/23/2017 APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAUCITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT#1324A R19450,1-6-...
ZONING CODE
ZONING CODE APPENDICES
APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAL/CITY LAND COORDINATION ON CERTAIN PARCELS
AGREEMENT#1324A R19450, 1-6-99
THIS AGREEMENT FOR TRIBAL CITY LAND USE REVIEW ON CERTAIN PARCELS ("Agreement") is
made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS,
acting through its Tribal. Council (the "Tribe"), and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its
City Council, a municipal corporation (the City). This Agreement is made with reference to the following:
RECITALS:
A. WHEREAS, the Tribe is a federally recognized Indian tribe which exercises its sovereign authority over the
lands of the Agua Caliente Indian Reservation according to a constitution approved by the Cornmissioner of Indian
Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the boundaries of
federal Indian reservation; and
B. WHEREAS, the city of Palm Springs is a charter city, possessing lull powers with respect to municipal affairs to
regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State law.
The trust land of the Agua Caliente Indian Reservation are interspersed in a checkerboard pattern within that portion of
the City located within the Reservation; and
C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and
development of all lands of the Agua Caliente Indian Reservation to their highest and best use consistent with principles
of sound planning and the sovereignty of the tribe; and
D. WHEREAS, on July 26, 1977. the Tribe and the City entered into that certain Agreement No. 1324 (hereinafter
the "Land Use Agreement"), adopted by city Council Resolution No. 12298. Pursuant to that Agreement, the parties
agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be
processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the
City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal
Council with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any
decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being
final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and
tribal law; and
E. WHEREAS, the Land Use Agreement has been amended from lime to time, by Supplements 2, 3, and 4, and
most recently by Supplement No. 5. which would exempt all land acquired by the Tribe from regulation by the City,
including: Application of all laws, ordinances, and codes; application of all fees, including drainage, sewer, school,
Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into trust by the United
States for the tribe would exempt such property from regular City taxes such as property taxes, sales taxes, transient
occupancy taxes, and others; and
F. WHEREAS, the Tribe has generally supported development consistent with the City's General Plan and other
ordinances and regulations but has the authority to adopt its own land use plan and policies; and
G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land
which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited
process for City review and comment on said projects. The Tribe is willing to consider such review and comment if
given in a timely manner. The City believes that the opportunity to provide review and comment, but not approval, of
such projects would be valuable to assure that such projects are integrated with surrounding development and to assure
that the City's and the Tribe's normal development standards are maintained insofar as possible. In addition, both parties
believe that all development throughout the City on both Tribal and non-Tribal land should snake a fairshare contribution
in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits
received by the development from the City.
IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS: 32
http://www.gcode.us/codes/palmsprirKjs/ 1/4
2/23/2017 APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAUCITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT#1324A R19450,1-6-...
1. Pre-Submittal.
Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where feasible,
will consult with the City to determine the scope and significance of the Project and its appropriate level of review. This
consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal Planning Department and
City Department of Planning and Building.
2. Submission of Report.
When any new development or substantial expansion or renovation of a project is proposed on land located within the
Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of the project including
preliminary or schematic design, the Tribe shall submit to the City a report on the Project ("Project Report"). As used
herein, "Reservation" means those lands whose legal description is set forth in Exhibit A hereto. The Project Report
shall include a description of the Project, the preliminary or schematic plans and drawings for the Project, environmental
documents per NEPA, if any, or any equivalent Tribal document, an analysis of the compatibility of the proposed Project
with the City's and the Tribe's development standards, an analysis of the fiscal impact of the Project and a statement
identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or
standards of the City or of the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem
reasonable or necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in
accordance with applicable federal and Tribal law. The level of detail provided in the Project Report should be as
follows: if a minor project, then similar to the level of detail normally required by the City for architectural review; if a
major project, then similar to the level of detail which would be required by the City for Planned Development District
permit. The determination of whether a project is major or minor shall require the agreement of the chief staff planning
official of each party but, in the event of a disagreement, the opinion of the Tribe's planning official shall govern. It is
the intent of the parties that this process be undertaken, not at the point at which the land is acquired by the Tribe, but
when development is contemplated, and when the development is contemplated, and when the development can be
described and its impacts forecast.
3. Administrative Review.
Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments,
including Police, Fire, Finance, Public Works, Planning and Building and such other departments as the City Manager
shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth. It shall be the
purpose of this administrative review to determine how well the Project conforms with the City's existing rules and
regulations; any health and safety, or welfare concerns; the adequacy of police and fire safety services, and other
services of the city necessary for the Project; compatibility of the project with surrounding properties; and the fiscal
impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the
normal City fees, taxes charges, and assessments; to the extent that any of such revenues will not accrue to the city,
what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or
positive, will result and what the overall economic impact will be of the Project on the city. Within thirty(30) days of
the City Manager's receipt of the Report from the Tribe, the City shall prepare the "Administrative Analysis" of the
foregoing information and shall submit the Administrative Analysis to the City Council for its review and approval.
4. City Council Conformity Report,
The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the City
Council's Conformity Report ("Conformity Report"). The Conformity Report shall be adopted by the City Council at a
public meeting. At the same time that the City Manager submits the Administrative Report to the City Council, a copy of
the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare its comments on the
Administrative Analysis for submission to the City Council to be considered at the time the City Council determines the
Conformity Report. The Conformity Report shall contain the same subject matter as the Administrative Analysis.
5. Joint Meeting.
Upon the City Council's adoption of the Conformity Report, the Project Report shall be immediately submitted to the
Tribal Council. Within thirty(30)days, the Tribal Council and the City Council shall schedule a Joint Meeting to discuss
the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules,
regulations, and ordinances of both the City and the Tribe.
6. Final Tribal Action. 33
http:/lwww.gcoc$e.uslcodes/palmsprings/ 2A
2/23/2017 APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAUCITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT#1324A R19450, 1-6-...
At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its
Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or
all comments in the Conformity Report or otherwise made by the City Council and may approve or modify the Project in
any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council
retains full and complete sovereignty to administer Tribal lands in accordance with the Constitution, Bylaws, and
Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which
the City is being given the opportunity to review and comment on certain projects being undertaken by the Tribe, and the
Tribal Council retains full and complete authority to make final decisions concerning the development of Tribal Land
under its Constitution and applicable federal and Tribal law.
7. Waiver.
With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed
significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be
accommodated.
S. Amendments.
This Agreement maybe amended by mutual agreement by the parties, provided that neither parry may terminate this
Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other
party.
9. Approval.
This Agreement shall be approved by Resolutions of the Tribal Council and the City Council.
10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe.
This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe
may have over the use or development of parcels of land located within the Reservation, which are owned in fee by
parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction over such parcels.
11. Lands Located Outside Reservation.
The parties recognize that federal law provides to the City notice and an opportunity to express its views on the subject
of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within the city limits
of the City in 25 CFR. § 151.1l(d), as well as time in which to challenge such a proposed action before it occurs, in 25
C.R.F. § 151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease in any way the jurisdiction
that either the City or the Tribe may have over the use or development of such parcels of land. The parties recognize
that federal law already allocates such jurisdiction over such parcels.
IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized officers on
the day and year first above written.
CITY OF PALM SPRINGS, CALIFORNIA
a municipal corporation.
Will Kleindienst, Mayor
Attest:
Judith Sumich, City Clerk
Approved as to form:
David Aleshire, City Attorney
Approved by the City Council
By Res. No. 19450, 1-6-99, A1324-A
AGUA CALIENTE BAND OF CAHUILLA INDIANS,
a federally-recognized Indian tribe
By:
Richard M. Milanovich, Chairman 34
Approved as to form:
http://www.gcode.us/codes/palm springs/ 3/4
2/23/2017 APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAUCITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT#1324A R19450,1-6-...
Art Bunce, Tribal Attorney
View the mobile version.
35
http:/Avww.gcode,us/codes/palmsprings/ 4/4
ATTACHMENT # 4
O� PAL Sr0•p
City of Palm Springs
I N
Office of the Chief of Police
�titk ` 1 �2
orpeR ,eo` 200 Souch Civic Ditrc • PaLn 1prinws, C,iliforn is 92262
�QllppgNNP ]id: (760) 323-8126 • Fax: ('60) 323-8173 • Web: wwm.pspd.cum
DATE: February 21, 2017
TO: City Manager David H. Ready
FROM: Police Chief Bryan Reyes
SUBJECT: Agua Caliente Master Plan
In February of 2004, the Palm Springs Police Department ("Department") applied for funding for two
police officers to patrol the Spa Resort Casino ("casino") and surrounding downtown area. The program
was selected for award. In 2007,the Department applied for and received funding for two additional
bicycle officers, for a total of four officers, in order to provide adequate coverage for the casino and
surrounding area. In 2004, the Department applied for and received SDF grant funding for the Police
Activities League and Drug Prevention programs. The Department has also received funding that
represented ten percent (10%) of the salary and benefits of one patrol sergeant and one police manager
responsible for supervising and managing the bicycle officers assigned to provide coverage at the casino.
There are currently two bicycle officers assigned to police the downtown area. These officers work
together four days a week during the nighttime hours and operate out of the Downtown Experience
substation. They are responsible for law enforcement throughout the entire downtown corridor and
surrounding areas, including the casino. The Department has experienced a significant increase in
activity requiring police response in the downtown area during the last several years. While there are
many factors contributing to this increase, it does highlight the need for additional staffing to address
the increased activity. The casino, located within the heart of downtown Palm Springs, is a unique and
dynamic venue. The planned expansion of the casino and accompanying hotel, parking structures and
facilities will have a clear and direct impact on the community and our ability to enforce laws, address
public nuisances and ensure the safety of visitors and guests. The casino has organized New Years' Eve
and Goldenvoice-sponsored events and has begun hosting a series of concerts that have drawn and will
continue to attract thousands of people to the property and downtown area immediately surrounding
the casino. With the scheduled expansion and large-scale planned events hosted at the property, we
anticipate a significant increase in pedestrian and vehicular traffic on and adjacent to the casino. In
2016, numerous vehicle thefts and recovered stolen vehicles were reported on casino property and the
immediate surrounding area. Officers also responded to multiple assaults, robberies and a carjacking
on or immediately adjacent to the casino. During a 2016 call for service, a suspect fled from an officer in
the area of the casino. The suspect discarded a handgun before engaging the officer in a physical
Post Officc Box 1830 • Palm Springs, California 92263-1830 37
altercation during which the officer sustained injuries. These calls for service highlight an increase in
crime and violence, particularly against officers, that can be directly attributed to and could have a
profound impact on the casino and its visitors. Parking structures, which allow for a significant amount
of parking in a condensed area, can quickly become a haven for loitering, disturbances, fights and other
criminal activity. The Downtown Parking Structure located at 275 S. Indian Canyon has been the venue
for numerous large scale fights, assaults against law enforcement officers and felony hit and runs. The
Downtown Parking Structure is in close proximity to retail stores, entertainment venues and restaurants
like those that will be offered by the casino. Given these similarities, it is likely that any parking
structure erected on casino property would be subject to comparable crime trends best addressed by
law enforcement.
We are asking for funding for an additional five police officers and a Community Services Officer that
would be assigned exclusively to address calls for service at the casino and a geographically defined area
around the casino. A Community Services Officer is a civilian employee with a salary less than that of a
sworn police officer. A Community Services Officer is capable of handling past calls for service and
traffic collisions, freeing sworn police officers to address in progress emergencies and conduct proactive
enforcement. Community Services Officers can work with casino personnel to retrieve video
surveillance and document theft and fraud. An additional five police officers and a Community Services
Officer would ensure expanded day and nighttime coverage dedicated to the casino and surrounding
area seven days a week. Additional personnel would ensure officers are assigned to patrol the casino
and immediate surrounding area each day of the week, with dedicated coverage 24hrs a day. There
would be expanded coverage from 6:30 AM to 2:30 AM, Thursday, Friday and Saturday. The base salary
of a top step Master Police Officer plus benefits for FY 2017/18 is $173,989 per year. The base salary of
a top step Community Service Officer plus benefits for FY 2017/18 is $102,125 per year.
Officers utilize bicycles to quickly respond to calls for service in a defined geographic area and
efficiently navigate through large crowds. We anticipate that four of the officers assigned to patrol the
casino and immediate surrounding area will do so while riding a police bicycle. A fully equipped police
bicycle costs approximately$2,000, We are asking for funding to cover the costs of four fully equipped
police bicycles. Given an increase in the number of personnel assigned exclusively to patrol the casino
and adjacent geographical area, it would be necessary to ensure that they also have patrol vehicles to
respond to calls for service and conduct proactive, highly visible enforcement. We are asking for funding
to cover the costs of two fully outfitted patrol vehicles. We would identify these vehicles as having been
donated by the Agua Caliente Band of Cahuilla Indians by affixing their logo in a conspicuous location on
the vehicles. The estimated cost of two fully outfitted patrol vehicles is $86,000.
The two officers currently assigned to the downtown area are supervised by a patrol sergeant that
oversees their function as a collateral assignment. If we are awarded funding to add additional sworn
and civilian personnel assigned to patrol the casino and surrounding geographical area, it would be
essential that a full time sergeant provide direct supervision to the assigned officers. We are asking for
additional funding to cover the cost of a full-time police sergeant that would operate out of the
Downtown Experience substation. In addition to providing direct supervision to the officers assigned to
patrol the casino and adjacent area, this sergeant would act as a liaison between the Department the
38
casino,the area businesses and be capable of responding to calls for service on casino property and the
area immediately adjacent to it. This same sergeant would be responsible for supervising our team of
personnel that specifically address issues related to homelessness in Palm Springs, to include tribal land.
The base salary of a top step Police Sergeant III plus benefits for FY 2017/18 is $218,646 per year.
Homelessness is a highly visible epidemic that requires a multi-faceted approach to address and
mitigate. The Department has dedicated two full-time sworn officers and two civilian employees to
address and mitigate the impact of homelessness in our community. This staffing ensures coverage to
address related issues seven days a week. These officers provide resources to those in need, address
concerns related to homelessness and conduct camp clean up across the entire City of Palm Springs.
We are asking for funding to cover an additional sworn officer whose responsibility it would be to
address homelessness on casino property and the immediate surrounding area. Working in conjunction
with representatives of the Agua Caliente Band of Cahuilla Indians, BIA and the Riverside County Flood
Control, this officer could focus their efforts to address a variety of issues on allottee or Indian-owned
land within the City of Palm Springs. We would be willing to ensure that this officer is deputized
pursuant to the authority of the Indian Law Enforcement Reform Act, 25 U.S.C. 2801 et seq., so that
applicable Federal criminal laws can be fully investigated, documented and enforced. In early 2016,the
disruption of tribal land in the area of Belardo Road and West Sunny Dunes was reported to the Palm
Springs Police Department. Should a similar incident be reported, an officer that has been issued a
Special Law Enforcement Commission through the BIA would be assigned as the primary investigator
and work closely with the Agua Caliente Band of Cahuilla Indians to ensure an appropriate resolution is
achieved. I have discussed the Federal commission process with BIA, Office of Justice Services Special
Agent in Charge Carleen Fischer. She indicated that an officer would be required to go through a full
background process before being considered for a Federal commission. After the background has been
completed, it would need to be adjudicated and then submitted to Ms. Fischer for review and a
recommendation for commission through the BIA offices in Washington DC. We estimate that this
process could take up to six months. While there are still many unknowns, we will continue to research
the process to determine how to best accomplish this transition.
The officers assigned to address homelessness issues utilize a pickup truck to facilitate camp cleanup,
transport property and navigate through terrain that would be difficult or impossible to traverse with a
standard patrol vehicle. We are asking for funding for an additional 4-wheel drive pickup truck to be
utilized by the officers assigned to address homelessness. This truck could be used to remove camps
and respond to and address issues related to homelessness on Indian-owned land throughout the City of
Palm Springs. We would identify this truck as having been donated by the Agua Caliente Band of
Cahuilla Indians by affixing their logo in a conspicuous location on the vehicle. Although no quotes have
been obtained for a specific vehicle, we estimate the cost of an unequipped pickup truck to be
approximately $50,000.
Given the planned casino expansion and development, it is likely that the location will draw an
increasing number of people, both on a daily basis and during planned special events. As such, it is
prudent to ensure that social media is regularly monitored for threats or information that would be
39
pertinent to the daily operations of the casino. During the 2013 Boston Marathon bombing incident,
Boston Police Department social media played a vital role in ensuring that large numbers of people had
access to direction and an immediate, accurate, trustworthy source of information. The increased
vehicular and pedestrian traffic at and near the casino makes it vital that real time, up-to-date
information is disseminated in the event of an emergency, terrorist attack or large scale incident of any
kind. We are asking for funding for a civilian community engagement/social media specialist. This
person would work closely with casino social media experts to ensure the continuity of released
information. They would utilize applicable software designed to monitor threats, union or employee
protests and events that could impact the safety of casino employees, guests,visitors and property.
Although this position has not yet been established,we estimate that the annual salary of this
employee, excluding benefits, would be approximately$60,000 per year.
The Department is requesting a total amount of$1,568,705 for EY 2017/18. This funding would
cover the costs of five officers, a Community Services Officer and a sergeant that would be assigned
exclusively to address calls for service at the casino and a geographically defined area around the casino,
and an officer assigned to address issues related to homelessness on casino property or the immediate
surrounding area and Indian-owned land. This funding would also cover the salary of civilian social
media specialist and be utilized to purchase a pickup truck that would be operated by our officers
dedicated to addressing homelessness on casino and Indian-owned property. The funding would also
cover the costs of two police vehicles and four police bicycles to be utilized by the officers assigned to
patrol the casino and a defined geographical area surrounding the casino.
1
BRYAN REYES
Chief of Police
BR:as
40
ATTACHMENT #5
PALM
City of Palm Springs
Fire Department
Office of the Fire Chief
300 N.El Cielo Road" Palm Springs,California 92262
cgtIFORN`P rce (760)323-8181 * Fax:(700)778-8430*Web:www.palmsprings-ca.goa
MEMORANDUM
DATE: February 16, 2017
TO: David H Ready, City Manager
FROM: J Kevin Nalder, Fire Chief
SUBJECT: Vision Agua Caliente Master Plan Project Impact to
Palm Springs Fire Department
Project
I have reviewed the content of the Vision Agua Caliente Master Plan Project
(Project) dated January 9, 2017. The report allows the expansion of the existing
Spa Resort Casino by up to 68,000 square feet and replacing the former 229
room Spa Hotel with the development of up to 350 hotel rooms within a
maximum 510,000 square feet of hotel space. The Master Plan also includes up
to 60,000 square feet of meeting space, 50,000 square feet of mixed use cultural
and/or retail space, a 40,000-square foot spa fitness center, and approximately
650 parking spaces. The Project increases the Spa Casino Resort total square
footage by more than 550,000 square feet plus parking structure. Additionally,
based on maximum occupant loads as prescribed in the California Fire Code for
the type of use for each of the areas defined in the Project, up to 12,589
additional occupants would occupy the Project. The calculation of two occupants
per hotel room, in the added 121 rooms, was used for the hotel space.
Impact
Factors Determining Impact:
Fire Flow:
The quantity of water available for fire protection purposes in excess of that
required for other purposes (public, private and other simultaneous fire
emergencies). A fire flow of 1500 gallons per minute for a duration of two hours is
required to protect the Project and occupants from fire. The fire flow was
calculated using the attached California Fire Code, Appendix B, "Fire-Flow
Requirements for Buildings" Table B105.1(2) and reductions in Table B105.2.
This fire flow assumes the Project will be built to Type 1- Fire Resistive
construction standards.
Response Resources:
National Fire Protection Association (NFPA) Standard 1710 provides the
minimum requirements relating to the organization and deployment of fire
suppression operations, emergency medical operations, and special operations
to the public by career fire departments. NFPA 1710 Standard initial full alarm
42
assignment to a fire in a building with the highest floor greater than 75 ft. (23 m)
above the lowest level of fire department vehicle access must provide for a
minimum of 43 firefighters if the building is equipped with a fire pump.
Palm Springs Fire Department Standard Operating Guideline — High Rise:
1"Alarm (initial response) to a high rise consists of:
Six engine companies — 18 firefighters (three per engine)
One ladder truck company— 3 firefighters
One ambulance — 2 paramedics
One battalion chief— 1 B/C
Total Vt alarm — 24 personnel
Two of the six engine companies in this Vt alarm will be responding from an
outside agency IF all four Palm Springs Fire Department engine companies are
available and not responding to another emergency.
2nd Alarm (often part of the initial response):
Four engine companies — 12 firefighters
One ladder truck company — 3 firefighters
One battalion chief— 1 B/C
One ambulance — 2 paramedics
One deputy chief— 1 D/C
Total 2nd alarm — 19 personnel
All apparatus and personnel, except the deputy chief, will be responding from
outside agencies
3rd,4th 5th ...alarms:
Palm Springs Fire Department Current Resources:
Fire Stations:
Station #441 - engine (located in the Project primary response area),
wildland truck (unstaffed)
Station #442 - ladder truck, command vehicle, ARFF (airport response
only), reserve ladder truck (unstaffed), utility air truck
(unstaffed), water tender (unstaffed), wildland truck
(unstaffed)
Station #443 - engine, reserve engine (unstaffed)
Station #444 - engine, reserve engine (unstaffed), wildland truck
(unstaffed)
Station #445 - engine
43
Daily minimum staffing:
1 - battalion chief
5 - captains
5 - engineers
5 - firefighter/paramedics
3 - aircraft rescue firefighters (airport only response)
Total — 19
Recommendation
Based on the factors determining impact for this Project and to address those impacts
for the protection of life and property at the Project, Palm Springs Fire Department
needs in addition to its current resources:
Option A:
To achieve the six engines and 24 personnel required in a 1st alarm assignment to a
high rise with City resources (if all resources were available to respond), an additional
two engines each staffed with 1 captain, 1 engineer and 1 firefighter/paramedic on a
daily basis is required. Because the Fire Department responds to emergencies twenty-
four hours a day, it requires a three shift system to staff each engine. To staff both
engines on all three shifts:
1 captain x 2 engines x 3 shifts = 6 captains
1 engineer x 2 engines x 3 shifts = 6 engineers
1 firefighter/paramedic x 2 engines x 3 shifts = 6 firefighter/paramedics
One time cost for two engines and the tools and equipment for both
engines: $1,606,530
Annual cost for these 18 personnel: $2,896,934
Option B:
To achieve the 24 personnel required in a 1st alarm assignment to a high rise and to
address the estimated increase of two to three calls for emergency medical service per
day at the Project an additional one engine staffed with 1 captain, 1 engineer and 1
firefighter/paramedic on a daily basis, also add 1 firefighter/paramedic to the existing
ladder truck and add one medic squad staffed with 2 firefighter/paramedics. To staff this
configuration on all three shifts:
1 captain x 1 engine x 3 shifts = 3 captains
1 engineer x 1 engine x 3 shifts = 3 engineers
1 firefighter/paramedic x 1 engines x 3 shifts = 3 firefighter/paramedics
1 firefighter/paramedic x 1 ladder truck x 3 shifts = 3 firefighter/paramedics
2 firefighter/paramedics x 1 medic squad x 3 shifts = 6 firefighter/paramedics
One time cost for one engine, one medic squad and the tools and equipment for both
apparatus: $946,760
Annual cost for the 18 personnel: $2,647,087
44
The Project is located in Fire Station #441's primary response area. For maximal
protection of life and property at the Project, in both options the ladder truck at Fire
Station #442 would be moved to Fire Station #441. The configuration of apparatus at
Fire Station #441 would be:
Option A:
Two engines - one ladder truck - one wildland truck
Option B:
One engine - one ladder truck - one medic squad - one wildland truck
Currently, Fire Station #441 does not have the space to accommodate an increase in
personnel and apparatus. To accommodate the increase Fire Station #441 would need
to be expanded at its current location or rebuilt at a new location proximal to the Project.
I will provide a cost associated with either option to accommodate an increase in
personnel and apparatus pending a detailed analysis of both options.
45
APPENDIX 8
TABLE B105.1(1)
REQUIRED FIRE-FLOW FOR ONE-AND TWO-FAMILY DWELLINGS,GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
FIRE-FLOW AUTOMATIC SPRINKLER SYSTEM MINIMUM FIRE-FLOW FLOW DURATION
CALCULATION AREA (Design Standard) (gallons per minute( (hours)
(square feet)
0-3,600 No automatic sprinkler system 1,000 1
3,601 and greater No automatic sprinkler system Value in Duration in Table B105.1(2)at
Table B105.1(2) the required fire-flow rate
0-3,600 Section 903.3.1.3 of the California Fire Code 500 y
or Section 313.3 of the California Residential Code '
3,601 and greater Section 9033.1.3 of the California Fire Code 'i,value in I
or seclion 313.3 of the California Residential Code Table B 105.1(2)
Fur Sly I square Coot=0.0929 in ,1 gallon per minute=3.765 Lim.
TABLE B105.1(2)
REFERENCE TABLE FOR TABLES B105.1(1)AND 8105.2
FIRE-FLOW CALCULATION AREA(square feet) FIRE-FLOW FLOW DURATION
Type IA and IS' Type IIA and IIIA' Type IV and V-A° Type IIB and IIIB' Type V-11' (gallons per minule)° (hours)
0-22,7W 0-12,700 0-87200 0-5,900 0-3,600 1,500
22,701-30,200 12,101-17,000 8,201.10,900 S,901-7,900 3,601-4,800 1,750 -
--_.__ __.-._.___._
3U,201-38,700 17.001 21,800 10,<I 1-12,900 7,901-9,800 4,801-6,200 2,000
2
38,701-48,300 21,801-24,200 12,901-17,400 9,801-12.600 6,201-7,700 2,250
48.301-59,000 24,201-33,200 17,401-21,300 12,601-15,400 7,701-9,400 2,500
59,001-70,900 33,201-39,700 21,301-25,500 15,401-18,400 9,401-11,300 2,750
70,901-83,700 39,701-47,100 25,501-30,100 18,401-21,800 11,301-13,400 3,000
83,701-97,700 47,101-54,900 30,101-35-200 21,801-25,900 13,401.15,600 3,250
3
97,701-112,7W 54,901-63,400 35,201-40.600 25,901-29,300 15,601-18,000 3,500
112,701-128,7(X) 63.401-72,400 40,601-46,400 29,301-33,500 18,001-20,600 3,750
128,701-145.900 72AO1-81100 46,401-52,500 33,501-37,900 20,601-23,300 4,000
145,901-164,200 82,101-92,400 52,501-59,100 37,901-42,700 23,301-26,300 4,250
164.201-183,400 92,401-103,100 59,101-66.000 42,701-47,700 26,301-29,300 4,500
183,401-203,700 103,101-114,600 66,0f)1-7 3,3 00 47,70,1-53,000 29 301-32,600 4,750
203,701-225,200 114,601-126.700 73,301-81.100 53,001-58,600 32,601-36.000 5,000
225,201-247,700 126,701-139,400 81,101-89,200 58,601-65,400 36,001-39,600 5,250
247.701-271,200 139,401-152,600 89,201-97,700 65,401-70,600 39,601-43,400 5,300
271,201-295,900 152,601-166,500 97,701-106,500 70,601-77,WO 43,401-47,400 5,750
295,901-Greater 166,501-Greater I T6,5O1-115,800 77,001-83,700 47,401-51,500 6,000 4
115,801-125.500 93,701-90,600 51,501-55,700 6,250
125,501-135,500 90,601-97,900 55,701-60,200 6,500
135.501-145,800 97,901-106,800 60,201-64,800 6,750
- - 145,801-156,700 106,801-113,200 64,801-69,600 7,000
- - 156,701-167,900 113,201-121,300 69,601-74,600 7,250
- - 167,901-179.400 121,301-129,600 74,601-79,8W 7,500
1 i9,401-191,4W 129,601-138,3W 79,801-85,100 7,750
- 191,401-Greater 138,301-Greater 85,101-Grcater 8,0W
For SI: I square foot=0.0929 m',1 gallon per minute=3.785 Um,1 pound per square inch=6,895 kPa-
a. Types of construction are based on the California Bmidin,g Code.
b. Measured at 20 psi residual pressure.
610 2016 CALIFORNIA FIRE CODE 46
APPENDIX B
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE-AND
TWO-FAMILY DWELLINGS,GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM MINIMUM FIRE-FLOW FLOW DURATION
(Design Standardf (gallons per minute) (hours)
No automatic sprinkler system Value in Table B 105.1(2) Duration in Table B 105.1(2)
® Section 903.3.1.1 of the California Fire Code 25%of the value in Table B 105.1(2)' Duration in Table B 105.1(2)at the reduced flow rate
Section 903.3.1.2 of the California Fire Corte 25%of the value in Table B 105-1(2)' Duration in Table B 105.1(2)at the reduced flow rate
For Sl- I gallon per minute=3.785 LJm.
a. The reduced fire-Now shah be not less than 1,000 gallons perminute.
b. The reduced fire-flow shall be not less than 1,500 gallons perminute.
B105.2 Buildings other than one- and two-family dwell-
ings, Group R-3 and R-4 buildings and townhouses. The
minimum fire-flow and flow duration for buildings other than
one-and two-family dwellings, Group R-3 and R-4 buildings
and townhouses shall be, as specified in Tables 13105.2 and
8105.1(2).
> Exception: (.SFM1 Group B, S-2 and U occupancies hav-
ing a floor area not exceeding 1,000 square feet,primarily
constructed of noncombustible exterior walls with wood or
steel roof framing, having a Class A roof assembly, with
uses limited to the following or similar uses:
!. California State Parks buildings of an accessory
nature(restroonis).
2. Safety roadside rest areas, (SRRA).public restroorns.
3. Truck inspection facilities, (TIF), CHP office space
and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
B105.3 Water supply for buildings equipped with an auto-
matic sprinkler system. For buildings equipped with an
approved automatic sprinkler system, the water supply shall
be capable of providing the greater of:
1. The automatic sprinkler system dernand,including hose
stream allowance.
2. The required fire-flow.
SECTION B106
REFERENCED STANDARDS
TCC IWUIC-15 International Wildland- g103.3
Urban Interface Code
Standard on Water Supplies
® NFP.A 1 142-12 for Suburban and Rural Fire B 103.3
Fighting
2016 CALIFORNIA FIRE CODE 611
47
ATTACHMENT # 6
r -1
L J TERRA NOVA PLANNING & RESEARCH, INC.
February 16, 2017
MEMORANDUM
TO: Flinn Fagg
Director, Planning Services
FROM: Nicole Sauviat Criste
Principal
RE: Vision Agua Caliente Master Plan Draft Tribal Environmental Impact Report(EIR)
In response to your request, we have reviewed the above referenced FIR, and provide the
following comments for your consideration.
Aesthetics
The aesthetics analysis does not consider the impacts associated with views on the ground. The
exhibits included in the EIR are all shots taken from a bird's eye view. The pictures also show
warped building structures and odd-looking palm trees, including a disembodied crown that
occurs without a trunk over the Stewart Galleries building, in view 5.1-4. This may be a printing
problem, but it affects the reader's ability to assess what the true impacts of the mass and scale of
the structures could be.
There are no views from ground level, nor are there views from locations where public views
could be impacted, such as: Andreas east of Calle Encilia looking west; Tahquitz Canyon at
Calle Encilia and Calle El Segundo looking northwest; Indian Canyon and Tahquitz Canyon,
looking northeast; or Amado Road at Calle El Segundo looking southwest.
The mass of the structures proposed cannot be assessed as it relates to public views with the
current analysis. We would also note that an appropriate visual simulation at ground level could
easily be achieved by superimposing the existing Agua Caliente hotel building, which is
approximately 175 feet at its tallest point. This would be a simple solution to this issue.
Finally, the EIR does not address outdoor lighted signage. The signage currently in place at the
casino could be replicated throughout the project, and should be considered in the analysis of
light and glare in the EIR. The exact locations may not be known, but the scale and number
should be characterized for this document.
Air Quality
The assumptions included in the air quality analysis are inconsistent with the project description
of the EIR. The air quality analysis assumed a build out of 2022, while the EIR states that the
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800
49
Mr. Flinn Fagg
February 16,2017
Page 2 of 4
ultimate build out of the project would occur in 2026. The extended build out period would also
result in extended construction days, which would affect the air emissions. The inconsistency
should be corrected to reflect an accurate build out scenario.
The air quality analysis also uses "Arena" as the land use category for the casino property, and
"Office Building" for the 60,000 square feet of meeting space proposed. The Arena category
does not accurately reflect the 24/7 character of a casino property; and the Office Building
category is not accurate for the meeting space area. Finally, the air quality modeling assigns 3.8
acres for the hotel use, while the Land Use discussion provides for 6.8 acres for hotel. As a
result, the air quality analysis may not reflect operational emissions or greenhouse gas generation
accurately.
Land Use
The land use discussion assigns 6.8 acres for the hotel use, while the air quality analysis states
that the hotel will occur on 3.8 acres. The land area is important because it affects the density
calculation for the project. On a 3.8 acre parcel, the maximum hotel rooms allowed would be
327, which would make the project inconsistent with the Section 14 Specific Plan.
The Land Use section also states that the project is inconsistent with the Specific Plan's height
and open space requirements, but concludes that the project is consistent with the Specific Plan.
Inconsistency with Specific Plan standards cannot lead to a consistency determination, and this
discussion should be expanded to explain why the project is consistent with the Specific Plan.
Noise
The Noise analysis considered only traffic noise in quantifying impacts. There were no
measurements taken, for example, of the noise levels at the adjacent Hilton hotel, which is a
sensitive receptor, and no analysis of the impacts associated with noise from the proposed project
on that sensitive receptor. It is therefore not possible to assess the impacts to surrounding land
uses as a result of the proposed project.
The Noise discussion correctly determines that an increase of 3 dBA is considered significant in
the noise environment. However, the discussion finds that loading dock noise would result in a 5
dBA increase in the noise environment, but declares that the impact would be less than
significant. The EIR should explain how it came to this conclusion, particularly, for example if
loading docks were to be located in proximity to the adjacent hotel.
The EIR does not consider the potential noise generation from outdoor events. These events
currently occur on the project site, and can be expected to occur as part of the hotel's regular
operations. In order to consider the impacts of outdoor events, which could be amplified by the
hard surfaces of project buildings, the EIR should include a discussion of outdoor events,
including frequency,potential locations, and surrounding land use impacts.
Finally, the EIR did not consider the impacts of the proposed project as it relates to the City's
Noise Ordinance. This is particularly important as it relates to stationary noise, construction
noise and short term noise (such as special events) impacts.
so
Mr. Flinn Fagg
February 16,2017
Page 3 of 4
Public Services and Utilities
In general the quantification of impacts in the Public Services and Utilities sections is based on
935 new employees. However, if these employees were all new residents, their households could
generate a population increase of 1,814 new residents, assuming the City's current household
size of 1.9 persons per household. As a result, the analysis could be under-estimating the
potential impacts to these facilities.
The analysis of fire and police services addresses only response time and personnel, but does not
address whether the City's Fire and Police departments have sufficient equipment or facilities to
serve the proposed project. This could be of concern for the Fire Department, because although
Station No. I is located across the street from the proposed project, there is no determination that
the station has the equipment or personnel required to fight a large structure fire, should such an
event occur at the proposed hotel. Similarly, the impact to the police department does not discuss
the potential for 1,814 new residents, and the associated need for 1.8 new police officers,
consistent with General Plan standards.
Based on the square footage and hotel rooms proposed within the project, the project should have
prepared and processed a Water Supply Assessment, consistent with Water Code 10912.
Although the hotel is 350 rooms, the law requires the preparation and processing of a Water
Supply Assessment for projects resulting in equivalent water use to 500 dwelling units. All
components of the project are likely to generate water demand consistent with at least 500
residential units.
There is also a concern regarding the water consumption factor assigned to the casino. The EIR
assigns the post office and the casino the same water demand factor. However, the casino,
operating 24/7 and including multiple dining venues and associated kitchen facilities, currently
must generate more water demand than the post office, which does not even have public
restrooms. We would recommend that the factors used for the casino be based on actual water
usage, which is available from their several years of operation at their current facility.
Similarly, the calculations for electricity use, natural gas and solid waste generation seem low for
a casino that operates hundreds of slot machines on a 24/7 basis. The casino's electricity demand
is certainly higher than the post office's, and yet the EIR assigns them the same electric and
natural gas use factors on a per square foot basis, and shows a lower electricity use annually than
the hotel. The EIR should consider, as with water use, calculating electricity, natural gas and
solid waste based on actual use over the last several years.
Growth Inducement
The Growth Inducement discussion determines that the project could generate a need for 711
residences, but does not explain how that number was derived. If one assumes that all new jobs
would be filled by new residents, there could be a need for 935 new residences, for 1,814 new
residents. Although the EIR describes how sufficient vacant land occurs within the City to
accommodate those units, the FIR does not describe whether these future units can be built for
the lower-wage service workers who would represent the majority of the new workers at the site.
The issue of jobs-housing balance, environmental justice and social equity are soon to be added
151
Mr. Flinn Fagg
February 16,2017
Page 4 of 4
to the CEQA Guidelines, are will be an important factor for the City to consider in considering
future housing projects.
Similarly, this section assumes school and library impacts based on the land use, rather than the
potential new residents. In order to provide a conservative analysis, these discussions should
consider the impacts of 1,814 new residents, or 935 new households on these services.
Conclusion
Based on the analysis we have conducted, several questions remain regarding the impacts
associated with build out of the proposed project. I realize that the project is still conceptual, and
many details are unknown, but the potential off-reservation impacts, which would be the City's
to mitigate, have not been fully developed in the EIR.
Nicole Sauviat Criste
Principal
52
MEMORANDUM
To: Jonathan Chambers, P.E. , Gibson Transportation Consulting, Inc.
Gianfranco Laurie, P.E., T.E., City of Palm Springs
From: Steven Latino, P.E. -Engineering Resources of Southern California, Inc.
Date: February 2, 2017
Subject: Traffic Study Comments
Vision Agua Caliente Master Plan
ERSC 400010002/621
We have completed the first review of the Traffic Study for the above referenced project, dated
December 2016. The following comments are the result of our review.
1. Chapter 1, Page 1: The first paragraph states, "The scope and methodology were reviewed
and approved by City staff and the Trip." However, several comments were made
regarding future cycle lengths and Peak Hour Factors (PHF) that were not addressed.
While we are satisfied with the maximum cycle length of 120-seconds (i.e. Riverside
recommends 60-120 seconds and San Bernardino recommends less than 130-seonds)there
are still concerns of the PHF being used. The use of a PHF of 1.0 in the future year (short
term, not buildout) assumes that traffic is evenly distributed over a 1-hour window, which
does not accurately model the intersection. Please revise per comment 19 below.
2. Page 10, Is the City willing to accept a 10% traffic increase from the spring to
accommodate the winter "peak" season?
3. Page 20, Alejo Road—The Section 14 Specific Plan designated Alejo Road as a Modified
Secondary Thoroughfare. Revise the text accordingly.
4. Page 35, Baristo Road—Verify the description of this road, as it appears there was a copy
and paste error.
5. Page 46 - For the purpose of consistency with the Section 14 Specific Plan, the study
should consider using the ITE morning peak hour rates to estimate midday peak hour trips
for the Resort Hotel land use, or whichever is more intense. Provide a comparison table of
the two with the next submittal.
6. Page 70, Table 13 Existing with Project Conditions (Year 2016) Intersection Levels of
Service —It is very hard to believe that delay could be reduced at approximately 16 of the
37 studied intersections with a project of this magnitude,particularly those that are in close
proximity to the project. Please review all assumptions and your model to define how this
is possible and provide sample data upon your next submittal.
7. Page 72, Table 14 Existing with Project Conditions (Year 2016) Street Segment Levels of
Service — It is very hard to believe that Volume to Capacity (V/C) ratios can decrease or
stay the same with a project of this magnitude. Please review all assumptions and your
model to define how this is possible and provide sample data upon your next submittal.
8. Page 73, Table 15 Future with Project Conditions (Year 2026) Intersection Levels of
Service — See comment 6 above.
9. Page 75, Table 16 Future with Project Conditions (Year 2026) Street Segment Levels of
Service
10. Page 77, Project Share of Mitigations—The tribe should be responsible to design and
construct the traffic signal as a part of this project at the intersection of Ramon Road and
Calle El Segundo. The reasoning is that the intersection does not meet the operational
requirements of the City's General Plan and Municipal Code. The City may opt enter into
a reimbursement agreement for the portion that is not attributed to the Tribe as collected
during future developments.
11. Is there a reason that the Traffic Study for this project did not analyze a buildout scenario
(currently 2035 per Riverside County General Plan)? If it is because this is consistent with
the Section 14 Specific Plan, please include this information in the appendices.
12. Page 78 states that the project is responsible for 17.8%portion of the Traffic Signal at
Ramon Road and Calle El Segundo; however, Page 81 states that the project is responsible
for 15.1%. Please clarify.
13. Page 82, References - There are a couple of other references that were made in the Traffic
Study, including the Beverly Hills Hilton study and the Casino Trip Rates from San Diego
that should be included in this list.
The following comments pertain to Appendix A
14. The Intersection Lane Configuration appear to be missing the data, please provide
Appendix A in its completeness.
The following comments pertain to Appendix C
15. In accordance with the Riverside County Transportation Department Traffic Impact
Analysis Preparation Guidelines (available at:
http://rctlma.org/Port.al.s/7/documents/pamplilets/traffic impact anavlsis.pdf), all
signalized intersections need to include Lost Time in accordance with the Highway
Capacity Manual (HCM) Exhibit 10-17. Below is a summary:
Major Street Minor Street Number of Phases Lost Time sec.
Protected Protected 4 16
Protected Permitted 3 12
Permitted Protected 3 12
Permitted Permitted 2 8
This could likely impact Levels of Service at all intersections, and could require major
revisions to the document. Please resubmit with the appropriate analysis.
16. In accordance with the Riverside County Transportation Department Traffic Impact
Analysis Preparation Guidelines, the Min. Green time for any movement should be 7
seconds; however, with the adoption of the requirement to include bicycle detection at
intersections, major intersections should be calculated in accordance with the CAMUTCD
section 4D.I05(CA). Include your calculations for each intersection.
17. Minimum yellow change intervals shall be in accordance with"fable 413-102 (CA) Table b,
of the CAMUTCD. In accordance with Section 4D.26 of the CAMUTCD that red
clearance intervals are usually 0.1 —2.0 seconds. The project currently assumes a Y+R
clearance interval of 4 seconds for all intersections. It is recommended that a red clearance
interval of 1.0-2.0 seconds is used for the purpose of this analysis. At a minimum, the Y+R
clearance should be 4.6 seconds; however, it should be calculated for each intersection.
Please revise and include your calculations.
18. The LOS worksheets include optimal cycles which do not make sense; however, based on
comments 16 and 17 above,this should change. Please verify that the optimal cycle times
are logical based on the proposed changes.
19. In accordance with the Riverside County Transportation Department Traffic Impact
Analysis Preparation Guidelines, buildout traffic conditions Peak Hour Factor's (PHF's)
should be set at 1.0; however, the seeping agreement had requested using a different
variable. Since the analysis is being done in a 10-year horizon(non-buildout conditions),
it is recommended that the PHF of 0.95 be used. This is in accordance with San
Bernardino County CMP Appendix C instead of the Riverside standard. The reason is,
Riverside recommends using the same PHF as calculated for existing conditions; however,
this is not always an accurate assumption.
NOTE: Due to the extensive changes required in the analysis of intersection Level of Service,
these comments may change upon a later submittal. These comments should be addressed and
the study resubmitted, at which time additional comments may be included.
Please provide written responses explaining all revisions to these plans resulting from this plan
check. Lack of response, or inadequate response, to the comments included herein will result in
additional comments and prolonged review time.
55
ATTACHMENT #7
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TABLE OF CONTENTS
Sections
I. INTRODUCTION.....................................................................................................................1
11. EXISTING CONDITIONS........................................................................................................2
III. STATEMENT OF PROJECT......................................................................................................2
IV. ENVIRONMENTAL ANALYSIS................................................................................................7
V. FISCAL IMPACT ANALYSIS...................................................................................................7
Figures
Figure 1 - LAND USE CONCEPT ..................................................................................................3
Tables
TABLE 1 - POTENTIAL DEVELOPMENT SCENARIO.......................................................................5
TABLE 2 - DEVELOPMENT STANDARDS COMPARISON..............................................................5
TABLE 3 -TRIBAL CHARITABLE CONTRIBUTIONS TO THE PALM SPRINGS COMMUNITY...........8
Exhibits
EXHIBIT A- PROJECT SITE LOCATION........................................................................................9
EXHIBIT B - EXISTING SITE CONDITIONS..................................................................................10
EXHIBIT C- PROJECT SITE PHOTOS..........................................................................................11
Appendices
APPENDIX A- DRAFT TRIBAL ENVIRONMETAL IMPACT REPORT (Under a Separate Cover)
Vision Agua Caliente Master Plan Project Report January 9,2017
i 58
I. INTRODUCTION
The Vision Agua Caliente Master Plan (the "Master Plan" or "Project") would allow the
expansion of the existing Spa Resort Casino by up to 68,000 square feet and replacing
the former 229 room Spa Hotel with the development of up to 350 hotel rooms within
a maximum 510,000 square feet of hotel space. The Master Plan also includes up to
60,000 square feet of meeting space, 50,000 square feet of mixed-use/cultural/retail
space, a 40,000 square foot spa/fitness center, and 650 parking spaces on
approximately 18 acres of Tribal Trust land (the "Project Site") of the Agua Caliente
Band of Cahuilla Indians (the "Tribe"). The Project Site is located within Section 14,
Township 4 South, Range 4 East of the San Bernardino Base and Meridian, Palm
Springs, California, on the Agua Caliente Indian Reservation (the "Reservation"), and
is bound by Tahquitz Canyon Way on the south, Indian Canyon Drive on the west,
Amado Road on the north, and Calle El Segundo on the east (see Exhibit A, Project
Site Location Map).
As part of the project approval process and pursuant to the terms of the Agreement
for Tribal/City Land Use Coordination on Certain Parcels with the City of Palm Springs
(the "City") dated December 15, 1998, the Tribe has prepared this report on the Vision
Aguo Caliente Master Plan (the "Project Report") for the City's administrative review.
The following key Tribal and/or City actions establish the project approval process for
Tribal lands:
1. On July 26, 1977, the Tribe and the City entered into Agreement No. 1324
(hereinafter, the "Land Use Agreement") adopted by City Council Resolution No.
12298. Pursuant to the Land Use Agreement, the parties agreed that applications
for issuance of permits and development pertaining to any Trust lands would
initially be processed through the City, with the City collecting its normal fees and
charges. Any party aggrieved by an action of the City Council in any such
planning and zoning matters was given the right to appeal any action of the City
to the Tribal Council, with the Tribal Council having the ability, following a noticed
hearing, to affirm, reverse, or modify any decision of the City Council on any
matter affecting Indian Trust lands, with the decision of the Tribal Council being
final, after considering the recommendation of the Indian Planning Commission,
as well as applicable Federal and Tribal law.
2. On December 15, 1998, the Tribe and City entered into the aforementioned "Land
Use Coordination Agreement," which provides for City review and comment on
projects outside of the Land Use Agreement, while retaining the Tribe's final
approval and authority over projects on Tribal land.
3. On February 3, 1999, the City and the Tribe amended the Land Use Agreement
with Supplement No. 5, which exempted all Tribal lands from the Land Use
Agreement subject to the Land Use Coordination Agreement process.
Mixed-use/cultural/retail space consistent with the uses permitted in the Resort Attraction Zone
of the Section 14 Specific Plan including, but not limited to, a museum.
Vision Agua Caliente Master Plan Project Report January 9, 20I7
1
59
This Project Report serves as an expanded project description and goes "hand in
hand" with other submittal documents including environmental studies, technical
reports, and other pertinent information. The proposed Project will be developed to
the standards of development identified in this Project Report.
II. EXISTING CONDITIONS
Project Site
As shown on Exhibit B, Existing Site Conditions Map, the Project Site currently contains
the Spa Resort Casino, a United States Postal Service office (the "Post Office"),surface
parking and vacant land (see Exhibit C, Project Site Photos). Utility connections for
water, sewer, power and telecommunication services are available, and the public
streets surrounding the Project Site providing direct access include Amado Road to
the north, Indian Canyon Drive to the west, Tahquitz Canyon Way and Andreas Road
to the south, and Calle Encilia and Calle El Segundo to the east. The public streets
within the Project Site have been vacated by the City, which is further discussed in
Section III.E.
Surrounding Land Uses
Land uses on adjacent properties include:
• North/Northwest -Surface parking, commercial buildings, and vacant land
• West- Commercial/retail corridor
• South/Southeast- Commercial buildings, resort hotels, and surface parking
• East- Residential (Plaza Villa Condominiums)
• Northeast- Parking structure and residential (Deauville Condominiums)
III. STATEMENT OF PROJECT
The Tribe is proposing a program of development that will include the following:
• Expansion of the existing Spa Resort Casino by up to 68,000 square feet;
• Development of up to 350 hotel rooms within a maximum 510,000 square feet
of hotel space (replacing the former 229 room Spa Hotel);
• 60,000 square feet of meeting space;
• 50,000 square feet of mixed-use/cultural/retail space;
• A 40,000 square foot spa/fitness center;
• Approximately 650 parking spaces; and
Removal of the 35,000 square foot Post Office.
Included as Figure 1 on the following page is the Land Use Concept for the Master
Plan's program of development. The Land Use Concept identifies where the above
uses are anticipated to be developed on the Project Site. The boundaries between
the uses shown are not definitive, and some crossover between uses is expected as
illustrated on the Land Use Concept. Included in the Land Use Concept is a Building
Height Overlay Zone outlined with red dots, where a maximum building height of 175
feet shall be permitted.
Vision Aguo Coliente Master Plan Project Report January 9, 2017
z 60
FIGURE 1 - LAND USE CONCEPT
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Vision Agua Caliente Master Plan Project Report January 9,2017
3
61
A. Section 14 Specific Plan
While the Project Site is located within the Section 14 Specific Plan, it is located on
Tribal lands that are not subject to City land use regulations. As a result,the Section
14 Specific Plan serves as a guiding framework but does not bind the Tribe in its
decision to approve the Project. Under the Section 14 Specific Plan, the Project
Site is designated Resort Attraction (RA), which "allows for large-scale resort hotel
complexes, hotels, and major commercial recreation attractions integrated with
retail and entertainment facilities." All of the uses proposed as part of the Master
Plan's program of development are allowed either by right or subject to a
Conditional Use Permit in the RA Zone.
The Project supports the Specific Plan's overall vision for Section 14 as a "bold and
lively place providing fun and excitement for visitors, locals, and residents." The
Project Site is also located within the Specific Plan's Resort, Shopping &
Entertainment District, which calls for the "collection of existing visitor attractions,
such as the hotels, casino, and convention center [to] be expanded into a lively,
large-scale resort district."
To facilitate this expansion, the Specific Plan provides both development
incentives and flexible zoning standards to encourage consolidation of parcels
into larger development sites. As stated in the Specific Plan, "(/larger, consociated
sites provide the chance to develop integrated projects that offer greater
amenities, creative building designs, greater options forsite access, and ultimately
a stronger impact." In order to qualify for development incentives and flexible
zoning as a "Consolidated Project," the Specific Plan requires that at least two or
more parcels/allotments totaling five (5) or more acres combined are
consolidated for one planned project. The Master Plan meets this requirement;
therefore, as a Consolidated Project under the Specific Plan, development would
be allowed to reach a Floor Area Ratio (FAR) of up to 3.0, and the Project Site
could be developed under either the RA or Retail-Entertainment-Office (REO) land
use designations.
B. Project Development Standards
In order to better analyze how the Master Plan's program of development could
be implemented and thus compared to the Development Standards of the
Section 14 Specific Plan, Table 1 on the following page includes a potential
development scenario that breaks down the program by the uses shown on the
Land Use Concept map, and demonstrates how the program's numbers could
translate into physical development over the next ten years. While no particular
development is being proposed at this time, certain assumptions were made for
analytical purposes.
Vision Agua Caliente Master Plan Project Report January 9,2017
4 62
TABLE 1—POTENTIAL DEVELOPMENT SCENARIO
Building Lot
Land Use Concept Area Square Ft. Rooms Acres Height Floors FAR Coverage
HOTEL(includes meeting space) 570,000 350 3.8 175'/45'a 15/1a 3.9 93.3%
CASINO & CASINO EXPANSION 200,000 6.3 45' 1 0.7 73.4%
SPA(includes fitness center) 40,000 2.6 20' 1 0.4 34.7%
HOTEL ENTRANCE + RETAIL 50,000 3.0 30' 1-2 0.4 25.9%
PARKING (650 structured spaces)' 235,300 2.3 47' 3 2.4 59.7%
TOTAL/AVERAGE 1,095,300 350 18.0 1.4 62.3%`
' Modeled after the 340 room Agua Caliente Casino Resort Spa. Hotel tower footprint programmed at 32,000 square feet with
a maximum height of 175/15 floors;for the remainder of the Hotel area building height is programed at 45/1 floor.
°- Parking numbers modeled after the Calle Encilia Parking Structure at 4 levels/3 floors.
Weighted Average.
Table 2 below compares the potential development scenario provided in Table 1
against the allowed/required standards of the RA Zone that impact surrounding uses.
Table 2—DEVELOPMENT STANDARDS COMPARISON
Section 14 Specific Plan Potential
Property Development Standard Allowed/ Development
Required Scenario
Maximum Building Height 100, 175'
Minimum Yard Setbacks':
Front(North -Amado Road) 20' >=20'
Front(South—Tahquitz Canyon Way/Andreas Road) 20' >=20'
Front(East-Calle Encilia/Calle El Segundo) 20' >=20'
Front (West—Indian Canyon Drive) 5' >=5'
Minimum High-Rise Setback:'
(Building Height Overlay Zone), 175' >=580'
Maximum Floor Area Ratio 3.0 1.4
Minimum Open Space 40% 37%`
For analytical purposes,all required setbacks from the surrounding public streets are assumed to be front yard setbacks.
n_ High-rise buildings in Section 14 are required to have a minimum setback of one(1)foot of horizontal setback distance from any
residential district for each one(1)foot of vertical rise of the building.
The percentage of Open Space shown is an estimate based on the average lot coverage identified in Table 1.
C. Development Standard Deviations
As Table 2 illustrates,with the exception of maximum building height and minimum
open space requirements, which are further discussed in the following
paragraphs, it is anticipated that future development within the Master Plan will
Vision Agua Coliente Master Plan Project Report January 9, 2017
5
63
comply with all other development standards established by the Section 14
Specific Plan.
Maximum Buildinq Height
Within the Building Height Overlay Zone a maximum building height of 175 feet is
permitted, subject to the High-Rise Building Setback requirements of the Section
14 Specific Plan. Per the Specific Plan, high-rise buildings "shall have a minimum
setback of one (1) foot of horizontal setback distance from any residential district
for each one (1) foot of vertical rise of building." The nearest residential district to
the Building Height Overlay Zone is located approximately 580 feet to the east,
which is well over the minimum required 175 foot high-rise setback for a 175 foot
tall building.
Minimum Open Space
While it is not possible to calculate open space without a specific development
proposal, based on the potential development scenario analyzed in Table 1, it is
anticipated that less than the minimum required open space will be provided by
the Project.
D. Design Guidelines
While no particular development is being proposed at this time, the design guidelines
of the Section 14 Specific Plan will be consulted as the Master Plan is implemented.
E. Circulation and Parking
Main access to the proposed hotel, casino expansion, and the mixed-
use/cultural/retail space is anticipated to be from Indian Canyon Drive, with
secondary access from Amado Road and Calle Encilia via Tahquitz Canyon Way or
Andreas Road. The spa/fitness center would likely be accessed through the hotel or
from Tahquitz Canyon Way. As part of the Project, those portions of Calle Encilia and
Andreas Road within the Project Site will be removed as the Master Plan is developed;
however, there are no plans to immediately close Calle Encilia and Andreas Road,
and these streets will continue to remain open to the public until no longer needed.
These street closures are consistent with prior actions taken by the City, as the right-
of-way for Andreas Road between Indian Canyon Drive and Calle Encilia was
vacated and abandoned by the City on December 18, 1996 (City Council Resolution
No. 18944), and the full right-of-way for Calle Encilia between Amado Road and
Andreas Road and the right-of-way for the west half Calle Encilia between Andreas
Road and Tahquitz Canyon Way, as well as the right-of-way for the north half of
Andreas Road between Calle Encilia and Calle El Segundo, were vacated and
abandoned by the City on May 18, 2016 (City Council Resolution No. 24027).
Parking for the Project would primarily be located along and accessed off of Amado
Road. Consistent with the requirements of Section 93.06.00 B. 11 . of the Palm Springs
Zoning Code, a Specific Parking Plan(s) will be prepared and approved by the Tribe
prior to the issuance of any building permit(s). In addition to the 650 spaces proposed
Vision Aguo Coliente Master Plan Project Report January 9, 2017
6 64
as part of the Master Plan, there are approximately 2,000 additional parking spaces
under Tribal control in the immediate vicinity of the Project. Therefore, it is anticipated
that more than enough parking is available to support the Master Plan's program of
development.
IV. ENVIRONMENTAL ANALYSIS
A Draft Tribal Environmental Impact Report (TEIR) has been prepared for the Project
and is included as Appendix A. The Draft TEIR analyzed the potential effects of the
proposed Project including impacts related to aesthetics; air quality, including
greenhouse gas emissions; cultural resources; land use; noise; population and
housing; public services; transportation and traffic; utilities and service systems; and
water resources. Due to the existing characteristics of the Project Site and previous
environmental review documents that were prepared for the Section 14 Specific Plan,
effects related to agricultural resources, biological resources, geology and soils,
hazards and hazardous materials, mineral resources, and recreation were not
anticipated to be significant and therefore not discussed in detail in the Draft TEIR.
Based on the analysis contained in the Draft TEIR and the mitigation measures it
incorporates into the Project, no significant environmental impacts are anticipated.
V. FISCAL IMPACT ANALYSIS
The Master Plan will have some additional impact on public services; however, the
program of development is essentially replacing and expanding the uses that
previously existed on the Project Site (e.g. the Spa Hotel). In contrast, the Project will
provide: 1) stimulus for additional economic development activity in downtown Palm
Springs; 2) additional job opportunities for the community; and 3) a premiere resort
destination for visitors, locals, and residents.
With respect to public services, the Project will be conditioned to pay, either directly
or indirectly, all the standard development fees typically imposed by the City,
including, but not limited to, sewer fees, regional traffic impact (TUMF) fees, school
fees, etc. In addition, pursuant to the 2016 Tribal-State Compact between the State
of California and the Agua Caliente Band of Cahuilla Indians (the "Compact"), the
Tribe is required to contribute revenue based on a set formula to the Special
Distribution Fund (SDF) where it shall be available for appropriation by the California
Legislature via grants for the support of State and local government agencies
impacted by tribal government gaming.
The Compact also requires that the Tribe and the City shall commence negotiations
on an intergovernmental agreement(s) before the Final TEIR is completed that,
among other things, addresses: 1) timely mitigation of any significant effect on the
off-Reservation environment related to the Project; and 2) compensation for law
enforcement, fire protection, emergency medical services, and any other public
services to be provided to the Project.
Attention is also drawn to the Tribe's strong history of contribution to the local Palm
Springs community, a recent summary of which is provided in Table 3. Therefore, with
Vision Agua Caliente Master Plan Project Report January 9,2017
65
the incorporation of the previosuly identified development fees, SDF revenue,
negotiated compensation and miscellaneous Tribal contributions, the Project will
have a negligible impact on public services while providing direct tangible benefits
to downtown Palm Springs and the greater community.
Table 3—TRIBAL CHARITABLE CONTRIBUTIONS
TO THE PALM SPRINGS COMMUNITY
Organization Since 2003
Palm Springs Fire Department $240,000
Palm Springs Fireman's Association $5,000
Palm Springs Police Department $217,500
Palm Springs Police Activities League $55,000
Palm Springs Police Citizens on Patrol $40,500
Palm Springs Police Officer's Association $53,000
Palm Springs Police Reserves Unit $55,000
Miscellaneous Charitable City Events $145,000
TOTAL $811,000
Vision Agua Caliente Master Plan Project Report January 9,20 17
8 66
EXHIBIT A - PROJECT SITE LOCATION
r.
Vacs Surface ` j Deauville
Lanii P'Arkiny , �,. Condominiums
_Commercial ° v/
�BUIltlingS $
-- CallelEncilia
,tag
Lire
Plaza Villa
Conr ,"0.
.�•.; s
Buildings
iTr
Suifacea. a
Paiking
Commercial, �I. Hilton` `Lot
Buildinglvl
s Hotel .
(Comm nercral ;Commercial Comme clal
!yr ,Building �Builtlin'gs .y -Buildin'gs
Hard,Rock f u u_fs "J
i r Y Hotel r1Y Reso i -
,I_
0 125 250 V5 500 «` B
®Feet n
� Oi utalt fol Oiq'n�
Vision Aguo Caiiente Master Pian Project Report January 9, 2017
9 EXHIBIT A
67
EXHIBIT B — EXISTING SITE CONDITIONS
1 �
1
r
� 1 • eA ^
� «jtfAtf L yy
Y� ry ffi
Casino
I ,-
o o O bF J
ftw ' Surface
Parking I `q
:.
��,••�r
1r t�
N Y '
0 75 150 225 300 IDS
eel
.: •1,.13 1 nc.
rv:m.mxnn
Vision Agua Caliente Master Plan Project Report January 9, 2017
10 EXHIBIT B
68
EXHIBIT C — PROJECT SITE PHOTOS
Al
Intersection of Tahquitz Canyon Way and Indian Canyon Drive Looking Northeast
r
r � -
`
_ t
Intersection of Indian Canyon Drive and Andreas Road Looking East
Vision Agua Coliente Master Plan Project Report January 9,2017
11 EXHIBIT C 69
EXHIBIT C — PROJECT SITE PHOTOS (Continued)
�¢n
yam'#Y9
A
Y
Intersection of Amado Road and Calle Encilia Looking South
4Yrq�n
Intersection of Calle El Segundo and Andreas Road Looking West
Vision Aguo Caliente Master Plan Project Report January 9,2017
12 EXHIBIT C 70
EXHIBIT C - PROJECT SITE PHOTOS (Continued)
n
x
Intersection of Calle Encilia and Andreas Road Looking Northwest
' e
P
Intersection of Tahquitz Canyon Way and Calle Encilia Looking Northwest
Vision Agua Caliente Master Plan Project Report Jan uory 9, 20 I7
13 EXHIBITC 71
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: March 1 , 2017
Subject: Administrative Review and Conformity Report
Vision Agua Caliente Master Plan
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice of Public Hearing was
published in the Desert Sun on February 18, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. erardi, CMC
Interim Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice of Public Hearing was
posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting
board, and in the Office of the City Clerk on February 16, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia k Berardi, CMC
Interim Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice of Public Hearing was
mailed to each and every person on the attached list on February 16, 2017, in a sealed
envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs,
California. (10 notices)
I declare under penalty of perjury that the foregoing is true and correct.
Cynthia X. Berardi, CMC
Interim Chief Deputy City Clerk 7a
NEIGHBORHOOD SPONSOR REPS ,
as6,5141b id,0j*- MR PETE MORUZZI
- MODCOM AND ,
4ision pgua Catieq�e" aster Plitn " �` PALM SPRINGS MODERN COMMITTEE
HISTORIC SITE REP w n�
PHNfidr,CCMea�ln§`Mb30117 ' � P.O. BOX4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT
VERIFICATION NOTICE-0-0-0 , ATTN SECRETARY/5.1410 Conf Rpt
PO BOX 2743
PALM SPRINGS, CA 92263-2743
MRS PATRICIA GARCIA-PLOTKIN,
_..
MS MARGARET PARK, DIRECTOR DIRECTOR
AGUA"CALIENTE.BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA TRIBAL HISTORIC PRESERVATION OFFICE
- INDIANS 4-64 mO-0•U INDIANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING 8 DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264
MR FRANK TYSEN MR JOSEPH ONTIVEROS
CASA CODY INN SOBOBA BAND OF LUISENO INDIANS
INTERESTED P CULTURAL RESOURCES MANAGER
175 S. CAHUILLA ROAD P.O. BOX 487
PALM SPRINGS, CA 92262 SAN JACINTO, CA 92581
MR RAYMOND HUAUTE MR MICHAEL MIRELEZ MR DOUG TODD WELMAS
CULTURAL RESOURCE SPECIALIST CULTURAL RESOURCE COORDINATOR CHAIRMAN
MORONGO BAND OF MISSION INDIANS TORRES MARTINEZ DESERT CAHUILLA TRIBAL TRIBAL N BAND OF MISSION INDIANS
12700 BANNING,
CA 9 ROAD INDIANS 84-245 INDIO SPRINGS PARKWAY
BANNING,CA 92220 P.O. BOX , CA INDIO, CA 92203
THERMAL, CA 92274
MS JACQUELYN BARNUM
ENVIRONMENTAL DIRECTOR
CABAZON BAND OF MISSION INDIANS
84-245 INDIO SPRINGS
PARKWAYINDIO, CA 92203
SPONSORS 44 b 4�0
r
3�1��7
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
ADMINISTRATIVE REVIEW AND CONFORMITY REPORT
VISION AGUA CALIENTE MASTER PLAN
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a
public hearing at its meeting of March 1, 2017. The City Council meeting begins at 6:00 p.m., in the
Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an Administrative Review and Conformity Report for the
Vision Agua Caliente Master Plan, which has been prepared by the Agua Caliente Band of Cahuilla
Indians. The Master Plan addresses approximately 18 acres of Tribal Trust land located within the
Section 14 Specific Plan area; the project site is bounded by Amado Road, Calle El Segundo,
Tahquitz Canyon Way, and Indian Canyon Drive. The Master Plan would allow the expansion of the
Spa Resort Casino by 68,000 square feet, the development of up to 350 hotel rooms, 60,000 square
feet of meeting space, 50,000 square feet of mixed-use/cultural/retail space, a 40,000 square foot
spa/fitness center, and approximately 650 parking spaces. The Master Plan proposes a Building
Height Overlay Zone for a portion of the development site, which would allow a building height of up
to 175 feet.
ENVIRONMENTAL DETERMINATION: The Agua Caliente Band of Cahuilla Indians has completed
a draft Tribal Environmental Impact Report (TEIR) addressing the potential environmental effect of
the proposed Master Plan in compliance with the Tribal Environmental Policy Act and Section 11.1 of
the Tribal-State Compact between the State of California and the Agua Caliente Band of Cahuilla
Indians. The Tribe is soliciting comments on the content of the draft TEIR through March 13, 2017.
The draft TEIR is available for public review at the Agua Caliente Tribal Administration Office, located
at 5401 Dinah Shore Drive, Palm Springs, or on the Tribe's website at hftp://www.aguacaliente.org/.
REVIEW OF PROJECT INFORMATION: The proposed application, site plan, and related
documents are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would
like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments can be made to the City Council by
email at City.Clerk(@palmspringsca.gov or letter (for mail or hand delivery) to:
Kathleen D. Hart, MMC, Interim City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at
the public hearing described in this notice, or in written correspondence delivered to the City Clerk at,
or prior to, the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Flinn Fagg, Director of Planning Services, at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con
Felipe Primera telefono (760) 323-8253. `i/
Kathleen D. MC
Interim City Clerk
173
Judy Deertrack
1333 South Belardo Road, Apt 510
Palm Springs, CA 92264
Wednesday, March 1, 2017
To the City Council
Palm Springs, California
2.D. ADMINISTRATIVE REVIEW AND CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, TO
ALLOW FOR THE EXPANSION OF THE EXISTING SPA RESORT CASINO, 350 HOTEL ROOMS, MEETING ROOMS,
RETAIL/CULTURAL SPACE, A SPA/FITNESS CENTER, AND A PARKING STRUCTURE ON AN 18-ACRE CONSOLIDATED
SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY, ZONE RA
("RESORT ATTRACTION-), SECTION 14 (CASE 5.1410): EIR NOC, NOP and EIR Appendices RECOMMENDATION:
To the Members of the City Council:
I wish to once again compliment Planning Staff for an excellent analysis of the potential project impacts, under the
provisions of the 1998 Agreement between the Aqua Caliente Band of Cahuilla Indians (ACBCI) and the City. I also
wish to thank our neighbor, ACBCI for their long stewardship of the land, and for the beauty and dignity their
presence and their culture has always brought to all of us.
I do very much agree with the City's assessment that the Tribal Government failed to properly assess compliance
with the Section 14 Specific Plan, of which the Tribe is signatory, and to properly assess the significance of impacts
on the off-reservation environment. In particular, I reference the Tribe's failure to comply with a 100 foot limit on
height; the open space requirements of the plan, the parking allocation, and transportation and grid impacts of a
building mass that is not yet specified in enough detail.
My primary concern, however, is that the Tribe and the City have not assessed, discussed, or possibly met the
environmental review requirements, in both process and substance, of the "2016 Amended Tribal-State Compact
between the State of California and the Ague Caliente Band of Cahuilla Indians," in which the City, the County
of Riverside, and the State Department of Transportation are interested parties with rights to negotiation and
arbitration. In fact, the City has repeatedly referenced only the 1998 Agreement with the Tribe (MOU) as the point of
jurisdiction and sovereignty.
The Tribal-State Compact requires the Tribe to prepare a Tribal Environmental Impact Report (TEIR) before
commencement of a Project, including the construction and design of any buildings or lots for the ultimate purpose of
gaming activities. Once a gaming project is involved, the Tribe must identify any cities within the range of potential
impacts; most particularly as it relates to off-reservation transportation impacts, energy conservation, and service
provision, including potentially significant impacts to 'Yaw enforcement, fire protection, emergency medical services,
and any other public services to be provided to the Tribe for the purposes of the Gaming Operation, . . . .as a
consequence of the Project." (Section 1.7 Intergovernmental Agreements (a)(2).J
The Tribe's failure to prepare an adequate TEIR when required "shall be deemed a breach of the Gaming Compact
with the State of California and may be grounds for issuance of an injunction or other appropriate equitable relief in
an action brought by the State" [Section 11.6 Failure to Prepare Adequate TEIR], I assume upon any verified
complaints by the City that the findings and environmental assessment is faulty; also possibly upon the failure to
follow the agreed-upon provisions of the Section 14 Specific Plan.
The significance of the Compact, in which the City is a third party beneficiary, is their ability to negotiate directly with
the Tribe in an Inter-Governmental Compact [Section 11.7 Intergovernmental Agreement], alongside the County of
Riverside, the State Gaming Department, and State Department of Transportation. The County and Department of
Transportation took the steps of reserving rights of arbitration should agreement between the parties fail. The City,
without any apparent reason, did not reserve such powers, even though this agreement was re-negotiated in 2016.
However, it is arguable that if the City is responsible for infrastructure, the power of Arbitration should follow, and it is
possible the courts might grant relief of this oversight.
With regard,
Judy Deertrack
ATTACHMENT: State-Tribal ACBCI Compact, at pages 76, 77, 78, 81, 82, 83, 84. ;gym
TRIBAL-STATE COMPACT
BETWEEN
THE STATE OF CALIFORNIA
AND THE
AGUA CALIENTE BAND OF CAHUILLA INDIANS
JAMS and the JAMS arbitrators associated with the JAMS Optional
Arbitration Appeal Procedure, regardless of the outcome.
(f) To effectuate its consent to the tribal court system, once established,
or JAMS Streamlined Arbitration and JAMS Optional Arbitration
Appeal Procedure in this section 10.0, the Tribe shall, in the exercise
of its sovereignty, waive its right to assert sovereign immunity in
connection with the tribal court jurisdiction and JAMS arbitrator's
jurisdiction and in any action to (i) enforce the Tribe's or the patron's
obligation to arbitrate, (ii) confirm, correct, modify, or vacate the
tribal court award or the arbitral award rendered in the arbitration, or
(iii) enforce or execute a judgment based upon the award.
SECTION 11.0. OFF-RESERVATION ENVIRONMENTAL AND
ECONOMIC IMPACTS.
Sec. 11.1. Tribal Environmental Impact Report.
(a) Before the commencement of any Project as defined in section 2.25,
the Tribe shall prepare a tribal environmental impact report (TEIR),
analyzing the potentially significant off-reservation environmental
impacts of the Project pursuant to the process set forth in this section
11.0; provided, however, that information or data that is relevant to
the TEIR and is a matter of public record or is generally available to
the public need not be repeated in its entirety in the TEIR, but may be
specifically cited as the source for conclusions stated therein; and
provided further that such information or data shall be briefly
described, that its relationship to the TEIR shall be indicated, and that
the source thereof shall be reasonably available for inspection at a
public place or public building. The TEIR shall provide detailed
information about the Significant Effect(s) on the Off-Reservation
Environment that the Project is likely to have, including each of the
matters set forth in Appendix B, shall list ways in which the
Significant Effects on the Off-Reservation Environment might be
minimized, and shall include a detailed statement setting forth all of
the following:
(1) A description of the physical environmental conditions in the
vicinity of the Project (the environmental setting and existing
76
baseline conditions), as they exist at the time the notice of
preparation is issued;
(2) All Significant Effects on the Off-Reservation Environment of
the proposed Project;
(3) In a separate section:
(A) Any Significant Effect on the Off-Reservation
Environment that cannot be avoided if the Project is
implemented;
(B) Any Significant Effect on the Off-Reservation
Environment that would be irreversible if the Project is
implemented;
(4) Mitigation measures proposed to minimize Significant Effects
on the Off-Reservation Environment, including, but not limited
to, measures to reduce the wasteful, inefficient, and
unnecessary consumption of energy;
(5) Alternatives to the Project; provided that the Tribe need not
address alternatives that would cause it to forgo its right to
engage in the Gaming Activities authorized by this Compact on
its Indian lands;
(6) Whether any proposed mitigation would be feasible;
(7) Any growth-inducing impacts of the Project; and
(8) Whether the proposed mitigation would be effective to
substantially reduce the potential Significant Effects on the Off-
Reservation Environment.
(b) In addition to the information required pursuant to subdivision (a), the
TEIR shall also contain a statement indicating the reasons for
determining that various effects of the Project on the off-reservation
environment are not significant and consequently have not been
discussed in detail in the TEIR. In the TEIR, the direct and indirect
Significant Effects on the Off-Reservation Environment, including
77
each of the items on Appendix B, shall be clearly identified and
described, giving due consideration to both the short-term and long-
term effects. The discussion of mitigation measures shall describe
feasible measures that could minimize significant adverse effects, and
shall distinguish between the measures that are proposed by the Tribe
and other measures proposed by others. Where several measures are
available to mitigate an effect, each should be discussed and the basis
for selecting a particular measure should be identified. Formulation
of mitigation measures should not be deferred until some future time.
The TEIR shall also describe a range of reasonable alternatives to the
Project or to the location of the Project, which would feasibly attain
most of the basic objectives of the Project and which would avoid or
substantially lessen any of the Significant Effects on the Off-
Reservation Environment, and evaluate the comparative merits of the
alternatives; provided that the Tribe need not address alternatives that
would cause it to forgo its right to engage in the Gaining Activities
authorized by this Compact on its Indian lands. The TEIR must
include sufficient information about each alternative to allow
meaningful evaluation, analysis, and comparison. The TEIR shall
also contain an index or table of contents and a summary, which shall
identify each Significant Effect on the Off-Reservation Environment
with proposed measures and alternatives that would reduce or avoid
that effect, and issues to be resolved, including the choice among
alternatives and whether and how to mitigate the Significant Effects
on the Off-Reservation Environment. Previously approved land use
documents, including, but not limited to, general plans, specific plans,
and local coastal plans, may be used in the cumulative impact
analysis.
(c) Subject to the foregoing, the Tribe may determine, in the exercise of
its sovereign authority and pursuant to its duly enacted "Ordinance
No. 28, Tribal Environmental Policy Act," as may be amended, that a
particular activity may not cause a Significant Effect on the Off-
Reservation Environment. The Tribe shall notify the State of any
determination taken pursuant to its Ordinance No. 28, Tribal
Environmental Policy Act that a particular activity is not a Project
within the meaning of this Compact. If the State objects to the Tribe's
determination, the matter shall be resolved in accordance with the
dispute resolution provisions of section 13.0.
78
completion of negotiations pursuant to section 11.7 a Final TEIR, which shall
consist of:
(a) The draft TEIR or a revision of the draft;
(b) Comments and recommendations received on the draft TEIR either
verbatim or in summary;
(c) A list of persons, organizations, and public agencies commenting on
the draft TEIR;
(d) The responses, which shall include good faith, reasoned analyses, of
the Tribe to significant environmental points raised in the review and
consultation process; and
(e) Any other information added by the Tribe.
Sec. 11.5. Cost Reimbursement to County.
The Tribe shall reimburse the County for copying and mailing costs
resulting from making the Notice of Preparation, Notice of Completion, and draft
TEIR available to the public under this section 11.0.
Sec. 11.6. Failure to Prepare Adequate TEIR.
The Tribe's failure to prepare an adequate TEIR when required shall be
deemed a breach of this Compact and furthermore may be grounds for issuance of
an injunction or other appropriate equitable relief in an action brought by the State.
Sec. 11.7. Intergovernmental Agreement.
(a) Before the commencement of a Project, and no later than the issuance
of the Final TEIR to the County, the Tribe shall offer to commence
negotiations with the County and any impacted city where the Project
is located, as applicable, and upon the County or city's acceptance of
the Tribe's offers, shall negotiate with the County or city and shall
enter into enforceable written agreements (hereinafter
'Intergovernmental agreements") with the County or city with respect
to the matters set forth below:
81
(1) The timely mitigation of any Significant Effect on the Off-
Reservation Environment (which effects may include, but are
not limited to, aesthetics, agricultural resources, air quality,
biological resources, cultural resources, geology and soils,
hazards and hazardous materials, water resources, land use,
mineral resources, traffic, noise, utilities and service systems,
and cumulative effects), where such effect is attributable, in
whole or in part, to the Project unless the parties agree that the
particular mitigation is infeasible, taking into account
economic, environmental, social, technological, or other
considerations.
(2) Compensation for law enforcement, fire protection, emergency
medical services and any other public services to be provided to
the Tribe for the purposes of the Gaming Operation, including
the Gaming Facility, as a consequence of the Project.
(3) Reasonable compensation for programs designed to address and
treat gambling addiction.
(4) Mitigation of any effect on public safety attributable to the
Project, including any compensation to the County and/or city
as a consequence thereof.
(b) The Tribe shall not commence a Project until the intergovernmental
agreements specified in subdivisions (a) and (c) are executed by the
parties or are effectuated pursuant to section 11.8.
(c) If the Final TEIR identifies traffic impacts to the state highway system
or facilities that are directly attributable in whole or in part to the
Project, then before the commencement of the Project, the Tribe shall
negotiate an intergovernmental agreement with the California
_Department of Transportation that provides for timely mitigation of
all traffic impacts on the state highway system and facilities directl
attributable to the Project, and payment of the Tribe's fair share of
cumulative traffic impacts. Alternatively, the California Department
of Transportation may agree in writing that the Tribe may negotiate
and conclude, prior to commencement of the Project, an
intergovernmental agreement with the County that mitigates the traffic
impacts to the state highway system or facilities.
82
(d) Nothing in this section 11.7 requires the Tribe to enter into any other
intergovernmental agreements with a local governmental entity other
than as set forth in subdivisions (a) and (c).
Sec. 11.8. Arbitration.
To foster good government-to-government relationships and to assure that
the Tribe is not unreasonably prevented from commencing a Project and benefiting
therefrom, if an intergovernmental agreement with the County, or the California
Department of Transportation if required by section 11.7, subdivision (c), is not
entered within seventy-five (75) days of the submission of the Final TEIR, or such
further time as the Tribe and the County, or the Tribe and the California
Department of Transportation if required by section 11.7, subdivision (c) (for
purposes of this section the "parties") may agree in writing, any party may demand
binding arbitration before a JAMS arbitrator pursuant to JAMS Comprehensive
Arbitration with respect to any remaining disputes arising from, connected with, or
related to the negotiation:
(a) The arbitration shall be conducted as follows: Each party shall
exchange with each other within five (5) days of the demand for
arbitration its last, best written offer made during the negotiation
pursuant to section 11.7. The arbitrator shall schedule a hearing to be
heard within thirty (30) days of his or her appointment unless the
parties agree to a longer period. The arbitrator shall be limited to
awarding only one (1) of the offers submitted, without modification,
based upon that proposal which best provides feasible mitigation of
Significant Effects on the Off-Reservation Environment and on public
safety and most reasonably compensates for public services pursuant
to section 11.7, without unduly interfering with the principal
objectives of the Project or imposing environmental mitigation
measures which are different in nature or scale from the type of
measures that have been required to mitigate impacts of a similar
scale of other projects in the surrounding area, to the extent there are
such other projects. The arbitrator shall take into consideration
whether the Final TEIR provides the data and information necessary
to enable the County, or the California Department of Transportation
if required by section 11.7, subdivision (c), to determine both whether
the Project may result in a Significant Effect on the Off-Reservation
Environment and whether the proposed measures in mitigation are
83
sufficient to mitigate any such effect. If the respondent does not
participate in the arbitration, the arbitrator shall nonetheless conduct
the arbitration and issue an award, and the claimant shall submit such
evidence as the arbitrator may require therefore. Review of the
resulting arbitration award is waived.
(b) To effectuate this section 11.8, and in the exercise of its sovereignty,
the Tribe agrees to expressly waive, and to waive its right to assert,
sovereign immunity in connection with the arbitrator's jurisdiction
and in any action to (i) enforce the other party's obligation to
arbitrate, (ii) enforce or confirm any arbitral award rendered in the
arbitration, or (iii) enforce or execute a judgment based upon the
award.
(c) The arbitral award will become part of the intergovernmental
agreements with the County required under section 11.7.
(d) An arbitral award entered pursuant to this section 11.8 as the result of
arbitration between the Tribe and the California Department of
Transportation, when an intergovernmental agreement is required by
section 11.7, subdivision (c), will become the intergovernmental
agreement with the California Department of Transportation.
SECTION 12.0. PUBLIC AND WORKPLACE HEALTH, SAFETY,AND
LIABILITY.
Sec. 12.1. General Requirements.
The Tribe shall not conduct Class III Gaming in a manner that endangers the
public health, safety, or welfare, provided, however, that nothing herein shall be
construed to make applicable to the Tribe any State laws or regulations governing
the use of tobacco.
Sec. 12.2. Tobacco Smoke.
Notwithstanding section 12.1, the Tribe agrees to provide a non-smoking
area in the Gaming Facility and, consistent with the Tribe's commitment to the
well-being of its employees and patrons, to incorporate ventilation, filtration,
purification or other technologies throughout the Gaming Facility, where
reasonably feasible after consideration of engineering, economic and scientific
84
KEYSER MARSTON ASSOCIATES.
ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPmrNT
MEMORANDUM
ADVISORS IN: To: Flinn Fagg AICP, Director of Planning Services
Real Estate City of Palm Springs
Redevelopment
Affordable Housing From: James Rabe, CRE
Economic Development
SAN FRANascO Date: February 28, 2017
A.Jerry Keyser
Timothy C.Kelly Kate Earle Funk Subject: Fiscal Effects— Spa Hotel and Casino
Debbie M,Kern
Reed T.Kawahara
David Doezema At your request, Keyser Marston Associates, Inc. (KMA) undertook a limited fiscal
LOS ANGELES analysis of the impacts on the City of Palm Springs (City) of the development of a new
Kathleen H.Head 350 room hotel and expansion of the casino (Project) at the Spa Hotel and Casino site in
James A.Rabe downtown Palm Springs. It is our understanding that the police department and fire
Gregory D.Soo-Hoo
Kevin E.Engstrom department are conducting their own analyses to determine the impact on their
Julie L.Romey departments.
SAN DIEGO
Paul C.Marra The Spa Hotel and Casino is owned by the Agua Caliente and the facility is located on
land owned by the Agua Caliente. As such, the Project is exempt from property taxes,
sales taxes and transient occupancy taxes (TOT). The City, therefore, is concerned that
its public revenue flow may be affected by the new hotel and expanded activities at the
hotel and casino.
The hotel formerly located on the site had 229 rooms, was closed in mid-2014 and has
been demolished. It will be replaced by the new 350 room hotel. Other aspects of the
proposed development include:
• Expansion of the casino by up to 68.000 square feet
60,000 square feet of meeting space
50,000 square feet of mixed-use/cultural/retail space
• 40,000 square feet of spa/fitness center
• 650 parking spaces
KMA has reviewed the Vision Agua Caliente, Master Plan Project Report, dated January
9, 2017, but has not reviewed any specific information regarding the commercial tenants
in the Project.
500 SOUTH GRAND AVENUE,SUITE 1480 , LOS ANGELES,CALIFORNIA 90071 . PHONE 213.622.8095
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WVVW.KEYSERMARSTON,COM 17170.006.001
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Flinn Fagg AICP, City of Palm Springs February 28, 2017
Fiscal Effects— Spa Hotel and Casino Page 2
ANALYSIS
To undertake this analysis, KMA has researched and reviewed various sources of
information to understand the position of the proposed Project in the marketplace, the
likely growth of the hotel market, spending by guests at the Spa Hotel and Casino and
the general impact of Indian Gaming on the local economy.
Hotel Analysis
Background
The original Spa Hotel closed in mid-2014. In the intervening period the market has
adjusted to the loss of these hotel rooms through a combination of new hotel room
additions and higher occupancy at the existing hotels. CBRE's 2017 Southern California
Lodging Forecast indicates there were 3,333 hotel rooms in the Palm Springs/Cathedral
City market in 2011 and 3,378 hotel rooms in 2017 with the projected opening of the
Kimpton Hotel Palomar. The average occupancy rate has increased from 53.4% in 2011
to a projected 58.8% for 2017. Throughout the Coachella Valley, hotel rooms increased
from 10,060 to 10,592 over the same period and occupancy rates increased from 54.7%
to 62.1%. As these numbers would suggest, demand has increased in both the local
(11.1%) and regional (19.6%) market areas during this period.
Within the Palm Springs/Cathedral City market area the Spa Hotel is likely to be most
comparable to the Upper Upscale hotels (Hilton, Hard Rock, Renaissance and Hyatt)
located in Palm Springs. These hotels have a combined 1.027 rooms. Adding the Spa
Hotel to this cohort would generate a 25% increase in the number of rooms in this
market segment. These hotels have performed well over the last three years with an
average occupancy of 67% and average daily rate (ADR) of$160.1
Growth Potential
The growth in hotel occupancy in the Palm Springs/Cathedral City has been somewhat
slower than growth in the Coachella Valley overall. Based on information in CBRE's
2017 Forecast, the Palm Springs/Cathedral City market area has grown at a rate of
1.8% annually (2011 through 2017) increasing nearly 13,000 occupied rooms per year.
The entire Coachella Valley grew at a 3.0% annual rate, which is approximately 80,000
rooms per year. KMA discussed the Palm Springs/Cathedral City and Coachella Valley
market areas and growth potential with CBRE. CBRE indicated that that they believed
with the repositioning of downtown Palm Springs and the expanded uses at the Spa
Source: Smith Travel Research
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Flinn Fagg AICP, City of Palm Springs February 28, 2017
Fiscal Effects — Spa Hotel and Casino Page 3
Hotel, that the recent growth rate in the Palm Springs/Cathedral City market area likely
understates future growth potential for this area.
TOT Projections
Based on the above information, KMA has prepared two sets of projections of: 1) the
growth in occupied rooms in the City, 2) how the presence of the Spa Hotel affects the
occupancy of hotels that are subject to TOT, and 3) how TOT revenues remitted to the
City are affected. In Table 1 KMA projects future growth in the Palm Springs area
assuming that occupied rooms grow between 13,000 per year(low growth) and 20,000
per year(high growth). The high growth scenario assumes that the City increase its
market capture to approximately 25% of the Coachella Valley market area growth.
These two alternatives likely represent the reasonable range of impacts that might occur
in the City.
When the new Spa hotel opens, the 350 room hotel will add 127,750 room nights to the
Palm Springs market (350 rooms x 365 days). Based on typical stabilization periods for
hotels, KMA expects that the hotel will have a 58% occupancy in the first year and will
slowly build up to a 67% occupancy level by Year 4. As shown in Table 1 the number of
occupied rooms at the Spa Hotel grows from 74,095 in Year 1 to 85,593 by Year 4.
In the low growth scenario (13,000 annual room nights), the Spa Hotel captures all the
growth and "captures or transfers" 61,095 room nights from the other Palm Springs
hotels. This process continues through Year 6, when the transfers are just under 7,600,
less than one year's growth. In the high growth scenario (20,000 annual room nights),
the transfer loss is 54,095 in Year 1 falling to just under 5,600 in Year 4.
These transfers or losses are important to the City because guests at the Spa Hotel do
not pay TOT. TOT is an important revenue source for the City and helps fund police, fire
and other services. In the low growth scenario, the lost TOT revenues amount to
$1,221,900 in Year 1 falling to $151,850 by Year 6. Over the six-year period the lost
City revenue is over$4.4 million. The loss to the City is less in the high growth scenario.
The first year loss is $1,081,900, falling to $111,850 by the fourth year. The total loss is
$2,438,600.
The KMA analysis was conducted on a constant dollar basis, meaning the effects of
inflation were not included.
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Flinn Fagg AICP, City of Palm Springs February 28, 2017
Fiscal Effects—Spa Hotel and Casino Page 4
Sales Tax Revenues
Hotel guests and tourists spend in the local economy. Some of these expenditures will
be onsite and some will be off site in the City or in surrounding communities. KMA
reviewed data from the Palm Springs Convention and Visitors Bureau, CBRE, Dean
Runyan Associates and convention and visitors bureau from Anaheim, Los Angeles and
Orange County. The Spa and Casino project has a large entertainment component so
KMA expects that the visitor spending of its guests will more closely resemble the
spending patterns of visitors to Anaheim and Orange County which also have a large
entertainment component.
Table 2 shows estimates of expenditures by visitors allocated among various categories.
Some or all food & beverage, retail sales, other purchases and arts, entertainment and
recreation represent taxable purchases. Using the Orange County information as a
guide, KMA estimated arts & entertainment spending at approximately 27.5% of visitor
spending. Food & beverage spending amounts to 24.2% of total spending and retail
sales represents 15.5% of purchases. Based on stabilized lodging expenditures of
$15.4 million, total visitor expenditures amount to $71.6 million, including non-lodging
expenditures of$56.2 million.
As with TOT, sales that occur at the Spa Hotel and Casino are not subject to state or
local sales tax. But sales outside the Project are subject to sales tax. Based on our
experience, KMA estimates that 50% of food & beverage purchases and other
purchases will take place offsite. KMA estimates that 75% of retail sales will occur
offsite. The majority of arts, entertainment and recreation expenditures are not taxable.
For this analysis, KMA estimates that only 5% of arts, entertainment, and recreation
expenditures will occur off site and will be taxable. As shown in Table 2, taxable sales
are estimated at $20.3 million. Of these $20.3 million, KMA estimates that 85% or$17.2
million will take place in the City. The remaining 15% represent sales that occur in other
jurisdictions.
Based on the above, stabilized sales tax revenues to the City are estimated at $172,000.
Property Tax Revenues
The City also inquired about any potential loss or reduction in property taxes resulting
from the development of the Spa Hotel & Casino. The Spa Hotel and Casino is not
subject to local property taxation, so there will be no increase in assessed values or
property taxation. The transfer of loss of room revenues at local hotels is likely to have a
larger effect on the Upper Upscale hotels however, this impact will be spread among
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Flinn Fagg AICP, City of Palm Springs February 28, 2017
Fiscal Effects — Spa Hotel and Casino Page 5
them. KMA does not believe that there will be a sufficient impact on their operations that
they would request a reduction in their assessed valuations.
Local City Expenditures
As noted above police and fire services are the most likely to be affected by the new Spa
Hotel and Casino. Any impacts are being separately evaluated by the two departments.
Based on other fiscal analyses undertaken by KMA, we do not anticipate there to be any
other significant public expenditures associated with the visitor aspects of the proposed
project.
CONCLUSIONS
The major fiscal impact of the new Spa Hotel and Casino will be a near term loss of TOT
revenues. The number of rooms at the new Spa Hotel will exceed the near term
incremental demand for hotel rooms; consequently, the Spa Hotel will "take" guests from
the existing hotels. Normally this is not a major issue, but because the Spa Hotel guests
do not pay TOT, the City will see an actual reduction in TOT revenues, rather than just a
pause in the growth of TOT revenues. Depending on whether the Spa Hotel can draw
visitors who would otherwise stay at other Coachella Valley locations, the loss to the City
could range between $2.4 million over four years or$4.4 million over six years.
On a positive basis, the visitors will spend locally. Much of the spending will happen on
the Spa Hotel and Casino site, but significant spending will also occur in the City. KMA
estimates that the increased taxable sales will amount to approximately $172,000
annually, which equates to $688,000 over four years and $1.0 million over six years.
1702020.JAR
17170.006.001
TABLE 1
ESTIMATE OF TRANSIENT OCCUPANCY TAX LOSS
SPA HOTEL AND CASINO
PALM SPRINGS,CALIFORNIA
Year Year Year Year4 Years Year
Spa Hotel
Number of Rooms 350 350 350 350 350 350
Annual Room Nights 127,750 127,750 127,750 127,750 127,750 127,750
Occupancy Rate' 58% 62% 65% 67% 67% 67°%
Occupied Rooms 74,095 79,205 83,038 85,593 85,593 85,593
Palm Springs/Cathedral City Market Area (low growth)
Average Annual Growth in Demand 13,000 13,000 13,000 13,000 13,000 13,000
Cumulative Growth 13,000 26,000 39,000 52,000 65,000 78,000
Spa Hotel Rooms Occupied
in Excess of Annual Growth 61,095 53,205 44,038 33,593 20,593 7,593
Average Daily Rate(ADR)3 $160.00 $160.00 $160.00 $160.00 $160.00 $160.00
Annual Room Revenues $9,775,200 $8,512,800 $7,046,000 $5,374,800 $3,294,800 $1,214,800
Transient Occupancy Tax(TOT) Rate 12.50% 12,50% 12.50% 12.50% 12.50% 12.50%
TOT Loss $1,221,900 $1,064,100 $880,750 $671,850 $411,850 $151,850
Palm Springs/Cathedral City Market Area(high growth)
Average Annual Growth in Demand 20,000 20,000 20,000 20,000 20,000 20,000
Cumulative Growth 20,000 40,000 60,000 80,000 100,000 120,000
Spa Hotel Rooms Occupied
in Excess of Annual Growth 54,095 39,205 23,038 5,593 0 0
Average Daily Rate(ADR)3 $160.00 $160.00 $160.00 $160.00 $160.00 $160.00
Annual Room Revenues $8,655,200 $6,272,800 $3,686,000 $894,800 $0 $0
Transient Occupancy Tax(TOT) Rate 12.50% 12.50% 12.50% 12.50% 12.50°% 12.50%
TOT Loss $1,081,900 $784,100 $460,750 $111,850 $0 $0
1. KMA estimate based on Smith Travel Research information for Upper Upscale hotels in Palm Springs
2. KMA estimate based on CBRE data for Palm Springs/Cathedral City market area.
3. KMA estimate based on Smith Travel Research information for Upper Upscale hotels in Palm Springs
4. KMA estimate based on CBRE data for Coachella market area and assumes Palm Springs captures approximately 25%of future growth
Prepared by:Keyser Marston Associates, Inc.
Filename:Spa Hotel TOT loss:2128/2017:jar
TABLE 2
OFF SITE HOTEL VISITOR SPENDING
SPA HOTEL AND CASINO
PALM SPRINGS,CALIFORNIA
Stabilized '
I. Expenditures of Hotel Guests Spending($) Share of Total
Accomodations $15,406,650 2 21.5%
Food &Beverage 17,341,439 24.2%
Retail Sales 11,071,290 15.5%
Ground Transportation 3,296,307 4.6%
Arts, Entertainment& Recreation 19,992,816 27.9%
Other Purchases 4,514,507 6.3%
Air Transportation 0 0.0%
Total Hotel Guest Expenditures $71,658,837 100.0%
Total Non-Lodging Spending $56,252,187 78.5%
Stabilized Offsite 3 Offsite
Il. Non-Lodging Expenditures Subiectto Sales Tax Spending($) Spending % Spending
Food &Beverage $17,341,439 50% $8.670,719
Retail Sales 11,071,290 75% 8,303,468
Ground Transportation 3,296,307 0% 0
Arts, Entertainment& Recreation 19,992,816 5% 999,641
Other Purchases 4,514,507 50% 2,257,253
Total Non-Lodging Spending $56,216,358
Total Non-Lodging Taxable Spending 36.0% $20,231,081
III. Net New Off-Site Taxable Sales
Food& Beverage Spending $8,670,719
Retail Spending 8,303,468
Arts, Entertainment, Recreation Spending 999,641
Other Purchases 2,257,253
Total Off-Site Taxable Spending $20,231,081
(Less)Transfers and Purchases Outside City (3,034,662)
Net New Off-Site Taxable Sales $17,196,000
Sales Tax @ 1%(Stabilized$2016) $172,000
1 Estimates by KMA based on research by Palm Springs,Anaheim, and Orange County Convention Bureaus, CBRE
and Dean Runyan Associates.
] Based on KMA's projected stabilized(year 4) room revenues plus 12.5%TOT.
3 KMA assumption based on previous hotel experience and scope of proposed development.
4 Assumes a deduction of 15%for transfers and sales taking place outside the City of Palm Springs.
Prepared by;Keyser Marston Associates, Inc.
Filenames Spa Hotel offsite visitor spending;2128/2017;jar
Palm Springs and The Vision Agua Coliente Master Plan
Dear Mayor,Council and City Manager Ready:
The City has just been given greater authority and responsibility in examining this
application. Your review,as a threshold issue,must determine applicant's status. Does it qualify
for immunity as an "arm of the tribe",or not?
When a tribal corporation asserts that it has sovereign immunity,the Supreme Court in
California has set out the five (5) factors that should be considered to determine if the entity (the
applicant) is an "arm of the tribe".
It also said that the burden of proving these factors is on the applicant and the Court set
out how to apply the five(5) factors. Thus the Court stated that the hearing body i.e.the courts
are permitted to examine behind the affidavits proffered to demonstrate sovereign immunity.
The five(5) factors are:
• The entities method of creation.
• Whether the tribe intended the entity to share in its immunity.
• The entities purpose.
• The tribe's control over the entity.
• The financial relationship between the tribe and the entity (applicant).
This case is significant in that it allows the Courts and this City to look behind the
documents provided and to examine into the functioning of the relationship.
This decision is binding on all Courts and by extension,on any municipality bound by
this decision,to inquire.
Please make public the City's inquiry and the responses by this applicant.
My reference is §216878 ,the People ex rel Owens as Commissioner, etc., Plaintiff vs.
Miami Nation Enterprises and others,2 Cal. 5th 222, 386 Pacific 3rd 357,Cal. Reporter 3rd 387:
2016 Cal. Decided December 22, 2016,
Thank you.
Sincerely,
William and Donna Florence
L90
The Desert Sun ,
750 N Gene Autry Trail Certificate of Publication
Palm Springs,CA 92262
760-778-4578/Fax 760-778-4731 „ R EC E I ii
CITY OF PALM SPRING.
State Of California ss: 2011 FEB 28 PM I; Ok
County of Riverside
OFFICE OF THE CITY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001938836
lam over the age of 18 years old, a citizen of
the United States and not a party to,or have
interest in this matter.I hereby certifythat the NOTW' of Pl1BUC HEAartJG
3CWCOUNP4L
attached advertisement appeared in said r � C F M SPRING§i
newspaper(set in type not smaller than non ' ` t INiivE r1 ND,CtbNFtiinv rcr r 1 r'r�(�QViE,�W��79y EPQ
w f .,. '+VISION AGUWi tX4LIEPLCE L i t
pariel) in each and entire issue of said ` r�1AsTen R C
newspaper and not in any supplement thereof NOTICE IS NEREBY QNEN that theCfty Ceuhcll4 the City of Ralm4Springs Celromle,rwIll bold a7puWi
h do et Its mal -of March 1 2017 The Ci�tyy Couhcil eating beg at 5:00 M.'in a Cdun"efi Chamber
on the following dates,to wit: at at ooFest'fah ul(ze$yon ay'Fal""sprl- '
Thepurptle' f this nearing Is to ns'I ar an min sma a Reviewsn Con fly Report, o a 11//��a In Aqua l
Newspaper:The Desert Sun Call"Master Plan which has bean prepared by the Agua'Celleraa Bend of Cahuillri Indieno 7herMeatar
P Pan a'dar�ssea all Intimately 18 sclea of Trl 1 Trust land I tad tl(11nkg eSectfon 14§ Plan eras the
2/18/2017 1 pret'eck ftrg',Is¢r ad b� °ad �—tioee'& �'tlD{1"gTi `C"`,enyop Way, 1 Iga CenYnn fSrlva r
Tile M ter Plan x1o31d al th'araxpartsio99nn th�F1�sort C in .nyrse 000 sgurfrat a eavalopment
of pp'" 350 hotel rooms 60,offlaquare feet of fleeting space,SD000 tatluarefleet of> ilxe,Q use/gtltureV
retail api3ce a 40 000 squ¢¢re foot spaAlmess c a-, dpppmximetey 65D parking epac"es ,The Master Plan ;
/ {imp ° a Bupdtn arghl aY' one, io ad evelop a site;w c w"v' Itl e�ow a building
I acknowledge that I am a principal clerk of the ` Igfmyi75; r `. I `
printer of The Desert Sun, printed and EWVIMIMENT,AL.DETERM.NATION Tha Ague Cale to Sand bF C�hbIIW Indians hes�pYeted a daft
published week) in the City of Palm Springs, Tribal Erj'r'chmental Impact Report(TEIR) ressing the potenhe enveo fne rta of ecf Sf thap oposed Mae-
Y tYtar Plan 1n op Bence with the Tribal Epvlro I'll�tel Pplicy Act e Sech`nd an 11 r1 of fi Tdbel�State Compact I
County of Riverside, State of California.The beiweea.(he a of Celifomia end the Agus Cellerke band of CghOil Indlansr ThesTN its sdllpdtng c6m-
Desert Sun was adjudicated a Newspaper of merits pil a content of ffie daft TEIR threugh March 13 2017.,The draft TEIR Isavi°u for`pubic review
at a Ag6a Cakents Tribal Adminiatratlo del,boated at 540.1 DI Snore Ddve I rings or on the ;
general circulation on March 24, 1988 by the Td gtagt,h ` ''alla` f r•� y.
Superior Court of the County of Riverside, �j � y y `
R 4 PROJE TINFORMAT�N Thepmpceed spell a6on, Jfe pia art$iea r rt1•erlfs are avail- 1.
State of California .p la Case No. 191236. alxe for reylew at City Hall between the hours of a 00 a.m.end 6 D0 p nl Monday reu9h Thuraday �.
:Please coritact the Office of the City Clerk at(7b0)3 3-82D4 R you Would Ilke tosche6ule aria inimeril
rev64 hose docume es � � Vipc••� �
COMMENT,ON THIS APPLICATIOti: �` 'thl .mica fifty be made ve}balig' f'the P 9'`
n` nc r�0, belnade to the City Counal�by err�3'il l ity ClerrlcO j:
declare under penalty of perjury that tht!, + p_ d
foregoing is tru d correct. Executed o v ndo C�rryenon,yCv�Clerk 5. J
this 18th y of F BRUARY, 2017 in Palm i P m pnngs CA 92262`. ' y3
Springs allfOr fa. " An'c elan of the m ro actin court t r y h p posed p I µrosy be Ilmded to reining tiny those Issu `'revved e1 the public
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