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HomeMy WebLinkAbout5/18/2016 - STAFF REPORTS - 1.A. ppLM SA ♦O� 'Pi y V N i g41FORN� City Council Staff Report DATE: May 18, 2016 PUBLIC HEARING SUBJECT: CONSIDERATION OF THE VACATION OF PORTIONS OF CALLE ENCILIA RIGHT-OF-WAY BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND A PORTION OF ANDREAS ROAD RIGHT-OF-WAY BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 15-12 FROM: David H. Ready, City Manager BY: Public Works and Engineering Department SUMMARY On May 4, 2016, the City Council considered a request to vacate portions of public rights-of-way for Calle Encilia and Andreas Road within Section 14 on the Tribal Reservation, and adjacent to the former Spa Hotel site and the Spa Casino. The item was continued to May 18, 2016, to allow staff time to consult with the Agua Caliente Band of Cahuilla Indians on its plans for use of the vacated rights-of-way. In response to the City Council's comments, the Tribe has submitted a letter that states the following: Thank you for considering the Tribe's request that the City vacate portions of Calle Encilia and Andreas Road in support of the Tribe's ongoing planning efforts on the Vison Agua Caliente (VAC) Master Plan. During the public hearing that was held on this item at the last City Council meeting, several Council Members, while supportive of the vacation, expressed concern that there wasn't a defined project accompanying the Tribe's request by which to evaluate the need for the street vacation. Stemming from that overarching concern were questions related to the proximity of future structures to the vacated street edges, circulation within the VAC Master Plan area, and how the Tribe's future development would interact and provide connections to the Downtown to the west and the Palm Springs Convention Center to the east. While the Tribe has yet to develop specific plans for the VAC Master Plan area, due in part to the uncertainty surrounding the City's approval of the requested street vacations, the Tribe is committed to maintaining and enhancing connectivity between the Downtown and the Palm Springs Convention Center compatible with current City policies. ITEM NO. City Council Staff Report May 18, 2016 -- Page 2 Calle Encilia/Andreas Road Right-of-Way Vacation In support of that commitment, the Tribe's current vision for the north % of Andreas Road would be to use that additional area to provide amenities for an enhanced pedestrian experience along that important corridor. Similarly, the west % of Encilia is also envisioned to provide additional area for pedestrian oriented amenities while still maintaining vehicle access to the Hilton Hotel and future development within the VAC Master Plan Area. At this time, the Tribe does not envision placing any structures at the new property line along the northern edge of Andreas Road or the western edge of Calle Encilia, other than those that would support and/or enhance access to the property. As previously stated, the Tribe does not have any plans to immediately close Calle Encilia and Andreas Road, and these streets will continue to remain open to the public until no longer needed. The Tribe is seeking approval of the requested street vacations in order to provide certainty to the boundaries of the VAC Master Plan for the Tribe's ongoing planning efforts for that area. A copy of the Tribe's letter is included as Attachment 1. RECOMMENDATION: 1) Open the public hearing and receive public testimony. 2) Close the public hearing, and adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE ENCILIA BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R15-12, AND APPROVING A DETERMINATION THAT THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED AND CERTIFIED BY RESOLUTION NO. 18461 REMAINS VALID AND THAT NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED." BACKGROUND: On November 30, 2015, representatives on behalf of the Agua Caliente Band of Cahuilla Indians, (the "Tribe"), submitted an application to the Public Works & Engineering Department requesting that the City consider vacating and abandoning portions of public rights-of-way for Calle Encilia and Andreas Road within Section 14 on the Tribal Reservation, and adjacent to the former Spa Hotel site and the Spa Casino, as shown in Figure 1. 02 City Council Staff Report May 18, 2016-- Page 3 Calle Encilia/Andreas Road Right-of-Way Vacation Vicinity Map ' FcE FEE NORTH =a . a Future 1 34A T54A I Parking Structure 1 Calle Encilia full 60' R.O.W vacated. 1 I LE -- Existing Spa TT Resort Casino n TT T56A T55A T33A Q TT T1020 T1012 A Calle Encilia reduced from Andreas Road reduced from 60' R.O.W. to 30' R.O.W. -� 60' R.O.W. to 30' R.O.W. fronting Hilton Hotel. fronting Hilton Hotel. Existing - 1 Hilton Hotel I i[r'° (�::G�L•Til fir; Figure 1 The Tribe requests that the City vacate the full width of Calle Encilia from Amado Road to Andreas Road, the west half of Calle Encilia from Andreas Road to Tahquitz Canyon Way, and the north half of Andreas Road from Calle Encilia to Calle El Segundo. The full width of Andreas Road from Indian Canyon Drive to Calle Encilia was previously vacated by the City to the Tribe in December 1996. The purpose for the right-of-way vacation of these streets is to allow consolidation of the Tribe's properties for future development by the Tribe of a new retail/entertainment/hotel project in and around the former Spa Hotel site and Spa Casino. Although specific development plans for redevelopment of the Spa Hotel site have not yet been identified by the Tribe, the Tribe is requesting that the City Council consider and approve the requested right-of-way vacation such that the Tribe can appropriately identify its project area inclusive of, or excluding, the street rights-of-way. 03 City Council Staff Report May 18, 2016--Page 4 Calle Encilia/Andreas Road Right-of-Way Vacation Vacation of Andreas Road and Calle Encilia have been anticipated for over 20 years as part of the Tribe's development of its properties in Section 14, and were identified as part of the overall scope of the "Agua Caliente Indian Gaming Facility," Planned Development District No. 232 ("PDD 232"), approved by the City Council on September 7, 1994, by adoption of Resolution No. 18463. At that time, the Planning Commission recommended and the City Council approved various actions, including a General Plan Amendment to revise the classifications for Andreas Road and Calle Encilia from Secondary Thoroughfare and Collector roadways to facilitate approval of PDD 232, and allowing for the future vacation of Calle Encilia and Andreas Road. In accordance with the City Council's approval of PDD 232, Calle Encilia and Andreas Road were anticipated to be vacated to accommodate development of the Gaming Facility; a copy of Resolution No. 18463 approving PDD 232 is included as Attachment 2. At that same time, the former Community Redevelopment Agency for the City of Palm Springs ("RDA") and the Tribe entered into a Disposition and Development Agreement ("DDA") that also identified vacation of these two City streets. Section 9.6 "Vacation of Streets" of the original DDA stated: The City agrees to initiate proceedings to vacate the City's interest in those portions of Calle Encilia and Andreas Road, more particularly described in the Scope of Development. Attachment No. 3 "Scope of Development' of the original DDA identified Section VI "Vacation of Public Streets', and stated: Development of the Project will require the vacation of Andreas Road between Indian Canyon Drive and Calle El Segundo, and the vacation of Ca/le Encilia between Tahquitz Canyon Way and Amado Road, and was identified on Exhibit 7 of the original DDA shown here as Figure 2. a � E - o z w ; —AMADO _ _.. ROAD II I ii W I .w.n .... III E_— II. U U H —J ANDREAS ROAD — YTANOUITZ•• I � CANYON WAY -- --- C ] �_- Cl ❑ -= C �; LEGEND M..W M V. W Pap!/MMY! — Hw.w IMw Ou lrr♦ SOe tVac 1kmwEvisMg UIMIy Ess os M WTAlC4! -'yrn 1 Figure 2 04 City Council Staff Report May 18, 2016 -- Page 5 Calle Encilia/Andreas Road Right-of-Way Vacation Subsequently, on August 7, 1996, the CRA and Tribe approved Amendment No. 1 to the DDA, which among other things revised Section 9.6 of the DDA to state: Agency shall formally request the City to initiate proceedings to vacate the Vacated Streets-Phase I within the time specified in the Schedule of Performance. Developer acknowledges that vacation of public streets by the City is a discretionary legislative function subject to adherence to legally mandated procedures including public hearings, and thus any election to actually vacate the Vacated Streets-Phase I by the City shall be in City's sole and absolute discretion. Nothing in this Section shall be deemed to constitute commitment by Agency or City to actually vacate the Vacated Streets-Phase 1. Attachment No. 3B of Amendment No. 1 to the DDA identified the proposed vacated streets (Phase 1) identified as that part of Andreas Road between Indian Canyon Drive and Calle Encilia, shown here as Figure 3. Attachment No. 3C of Amendment No. 1 to the DDA identified the proposed vacated streets (Phase II) identified as Andreas Road between Calle Encilia and Calle El Segundo, and Calle Encilia between Amado Road and Tahquitz Canyon Way, shown here as Figure 4. oo I . t L i �fL.J •\_i 0 C — PHASE I STREET VACATION GAMING DISTRICT AGUA CALIENTE BAND OF CAHULLA INDIANS Figure 3 05 City Council Staff Report May 18, 2016 -- Page 6 Calle Encilia 1 Andreas Road Right-of-Way Vacation j_ L-- PHASE II STREET VACATION �. ".1 .. GAMING DISTRICT AGLIA CALIENTE BAND OF CAHULLA INDIANS Figure 4 In accordance with Amendment No. 1 to the DDA, the Phase I right-of-way vacation of Andreas Road between Indian Canyon Drive and Calle Encilia was officially vacated by the City Council on December 18, 1996. Although this segment of Andreas Road exists and has remained open to public use, control of this street was transferred to the Tribe to facilitate the development of the Gaming Facility envisioned by PD 232. Subsequently, the CRA and Tribe approved Amendment No. 3 to the DDA, which among other things revised Section 9.6 of the DDA (once previously amended by Amendment No. 1 to the DDA) to state: Agency shall formally request the City to initiate proceedings to vacate the Vacated Streets within the time specified in the Schedule of Performance. Developer acknowledges that vacation of public streets by the City is a discretionary legislative function subject to adherence to legally mandated procedures including public hearings, and thus any election to actually vacate the Vacated Streets 11 by the City shall be in City's sole and absolute discretion. Nothing in this Section shall be deemed to constitute commitment by Agency or City to actually vacate the Vacated Streets. 06 City Council Staff Report May 18, 2016 -- Page 7 Calle Encilia/Andreas Road Right-of-Way Vacation Exhibit A of Amendment No. 3 to the DDA identified the proposed Vacated Streets (Phase II) identified as Andreas Road between Calle Encilia and Calle El Segundo, and Calle Encilia between Amado Road and north of Tahquitz Canyon Way, shown on the next page as Figure 5. Attachment No. 2 "Scope of Development" of Amendment No. 3 to the DDA identified Section III "Vacation of Public Streets", and stated: The Development contemplates that the City will approve the vacation of Vacated Streets. If approved by the City, vacation of these streets will be subject to reservation of public utility easements for all easement facilities currently located beneath the streets. Amendment No. 3 to the DDA facilitated the Tribe's development of the existing Spa Casino site. Although dissolution of the CRA by the state effectively terminated the DDA, the historical reference and background to the DDA as amended is provided in this staff report to demonstrate that the City has previously considered and conceptually approved vacating these streets in order to facilitate the Tribe's anticipated master planned development of their properties in Section 14. 07 City Council Staff Report May 18, 2016--Page 8 Calle Encilia/Andreas Road Right-of-Way Vacation soeo31m7 � '� ,�, �� �,i J � ------ 2,10 $$ 508031018 362 gc en SM031021 505091011 I4L I 0.39 —A-W (all �3 508035073 n J issmom01s 5.72 Im �De== � 1 � Mr dD 032 1.47 1.41 1.15080576Zi 5 0 506042010 I SOOD42008� \\ ( A soed1011 2 080 50BOf100D 1.66 1.71 + -\ 551ms .15 - 05 oD 1051 12 700t �� 820 Om SOBD41002 508042008 508042008 � \ Om 1.80 1.74 SOB051098 1007 500041013 2d6 �0.14 t.05 H- 508041012 0.51 o SOBOSSON 1.44 S 4.18 S0805500 r{ 508053DO3 509054003 6.68 8.34 no 1.55 1.80 508055003 5DO055DOO l TmhQ1itz Canymr .... ne•rpw emAGUA CAIIENTE INDIAN RESERVATION SPA RESORT CASINO MASTER PEAN ENNIBITA � B r,L,l aaoo W APN AN OAo Figure 5 d8 City Council Staff Report May 18, 2016 -- Page 9 Calle Encilia/Andreas Road Right-of-Way Vacation General Plan /Section 14 Specific Plan Consistency Vacation of these streets in Section 14 is consistent with the 2007 City of Palm Springs General Plan action items and goals for the reduction of vehicular traffic; an increase in shuttle services between activity centers, and the expansion of pedestrian routes from the Downtown area to hotels and resort amenities. The Land Use Element section of the General Plan designates Residential High Density Land use within Section 14 and allows 43 hotel rooms per acre. A portion of 126 Acres of Mixed Use Central Business District falls within Section 14. Land Use Action Item 7.1 (Pg. 2-29) reads, in part, "...to ensure that new development in Section 14 contributes to and enhances the City's goal of a destination resort." The Circulation Element of the General Plan (Pg. 4-34) identifies a goal to encourage pedestrian facilities to "...create a critical lifeline between the retail shops Downtown and the City's resort amenities such as the Convention Center, casino, and hotels." Circulation Element Action Goal CR3.1 reads, "Develop a transit route (bus,jeep,jitney, shuttle) to circulate people between...hotels...key activity centers...and Downtown- oriented residential areas to reduce traffic and parking congestion in the Downtown." Most of the policy goals and action items to the Air Quality Element section of the General Plan (Pgs. 7-13 & 7-14) are associated with reduction of vehicular traffic and encouragement of pedestrian-friendly sidewalks and bikeways. The currently adopted Circulation Element of the General Plan identifies Andreas Road between Indian Canyon Drive and Calle Alvarado, and Calle Encilia between Amado Road and Tahquitz Canyon Way, as local streets, as shown in the Circulation Element Map included on the following page as Figure 6. 09 City Council Staff Report May 18, 2016-- Page 10 Calle Encilia/Andreas Road Right-of-Way Vacation I. t I cG O O _. O U _j _ at � Qr 4J- C71 LLJ w lz _ T R U 1 Figure 6 (Note, local streets are shown as non-colored [gray] lines). In July 2014 the City Council approved the update to the Section 14 Specific Plan, and Figure 5-7 of the Specific Plan identifies the roadway classifications of streets within Section 14, included on the following page as Figure 7. 10 ReportCity Council Staff May 18, 2016Page 11 Figure 5-7 Proposed x: m Proposed Road" Thoroughtaro secondary rhomghfam Pr000sed change In road"y Collectof Roadway Figure 7 The portions of Calle Encilia and Andreas Road that the Tribe has requested the City consider for vacation and abandonment are identified as local streets on the City's General Plan and the Section 14 Specific Plan; vacating these streets is consistent with, and would not violate the Goals and Policies of these Plans. N.IaR4 _ .e `.ii l:-� G.r „'x• w.. ! � .>r.r-n � llis �! ��{�� .• a alR f�Tnh-lulz C,anyun Way `ry A R♦iIIM .1l 1'�� '. 1 3 k V' w - _ Parivtn RA - $.trlltn111U Rd y` � el _ F _ Rmm�n RA d ..y �J 1 Si=d•( af. City Council Staff Report May 18, 2016-- Page 12 Calle Encilia/Andreas Road Right-of-Way Vacation California Government Code Section 65402 requires that "...no street shall be vacated or abandoned...until the location, purpose and extent of such...street vacation or abandonment...have been submitted to and reported upon by the planning agency as to conformity with (the) adopted general plan or part thereof." Further, the California Streets and Highways Code Section 8313(a) requires that "If the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement." Accordingly, on March 9, 2016, the City's Planning Commission reviewed and recommended approval of the proposed right-of-way vacation, finding that the streets are identified as local streets on the City's 2007 General Plan and Section 14 Specific Plan, and that their vacation and abandonment would not conflict with these Plans. A copy of Planning Commission Resolution No. 6560 is included as Attachment 3. Future Development Plan for the Vacated Streets Although the Tribe has not released its conceptual plans for redevelopment of the area, the Tribe has provided a letter to the City, dated January 19, 2016, that upon vacating these streets the Tribe commits to maintaining these streets open for vehicular traffic to maintain access to those properties that require them, (namely the US Post Office and the Hilton Hotel). A copy of the Tribe's letter is included as Attachment 4. Also, as there are multiple public utilities extending throughout Calle Encilia and Andreas Road, including domestic water lines owned by Desert Water Agency and sanitary sewer lines owned by the City, physical access over these streets must be maintained such that operation and maintenance of these utilities can continue. Thus, although the City Council may consider and approve of the abandonment and vacation of the public rights-of-way, reverting control of these public streets to the Tribe, the City Council's action reserves an easement for public utilities which reserves rights for the City and other utility owners to continue accessing these public streets for continued operation and maintenance of these utilities. The Tribe has provided a conceptual plan showing how reconstruction of Andreas Road and Calle Encilia is envisioned to provide continued two-way access on Calle Encilia from Tahquitz Canyon Way to the main entrance of the Hilton Hotel, with one-way northbound access maintained up to Andreas Road, and one-way eastbound access maintained from Calle Encilia to Calle El Segundo around the Hilton Hotel as shown in Attachment 5. The physical closure and reconstruction of these streets is not proposed at this time; the City Council is not approving the conversion of these streets, which will be subject to future review and approval by the City at the time the Tribe submits development plans for its properties. 12 City Council Staff Report May 18, 2016 -- Page 13 Calle Encilia!Andreas Road Right-of-Way Vacation PUBLIC NOTICING: Section 8320 of the California Streets and Highways Code, (the "Code"), allowed the City Clerk to administratively schedule a public hearing for the City Council's consideration of the requested right-of-way vacation. Section 8322 of the Code requires that notice of the public hearing be published for at least two successive weeks prior to the public hearing; public notice was published accordingly in the Desert Sun. Further, Section 8323 of the Code requires that at least two weeks prior to the public hearing, notices of the requested right-of-way vacation be posted conspicuously along the line of the street proposed to be vacated (at least 3 notices, not more than 300 feet apart); the notices were posted along Calle Encilia and Andreas Road in accordance with the law. ENVIRONMENTAL IMPACT: In August 1994, pursuant to the California Environmental Quality Act, ("CEQA"), the City Council completed an environmental assessment of the potential environmental impacts resulting from approval for the Agua Caliente Indian Gaming Facility, identified as Case 5.0667 GPA/ZTA/PD-232, which included discussion and analysis of the future vacation of streets adjacent to the gaming facility (Calle Encilia from Amado Road to Tahquitz Canyon Way and Andreas Road from Indian Canyon Drive to Calle El Segundo); a public review period of the environmental assessment was held from August 1 to August 30, 1994. On September 7, 1994, the City Council adopted Resolution No. 18461 , certifying the Mitigated Negative Declaration for the Agua Caliente Indian Gaming Facility, (the "MND"), which considered and included mitigation of potential environmental impacts associated with the future right-of-way vacation of Calle Encilia and Andreas Road. A copy of Resolution No. 18461 is included as Attachment 6. The preparation of further environment documentation is not necessary because none of the circumstances triggering further environmental review have occurred since the adoption of the MND: (i) there are no substantial changes in the project requiring major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously-identified significant effects; (ii) there are no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously-identified effects; and (iii) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the MND was adopted showing that: (a) the project will have one or more significant effects not discussed in the MND; (b) significant effects previously examined will be substantially more severe than shown in the MND; (c) mitigation measures previously found not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the mitigation measures have not been adopted; or (d) mitigation measures considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the mitigation measures have not 13 City Council Staff Report May 18, 2016 -- Page 14 Calle Encilia/Andreas Road Right-of-Way Vacation been adopted. Accordingly, no further environmental review is required. (Public Resources Code § 21166; Cal. Code Regulations, Title 14, § 15162.) FISCAL IMPACT: At the time the subject portions of Calle Encilia and Andreas Road are closed to public access, all costs associated with removal and reconstruction of existing utilities and street improvements will be the responsibility of the Tribe. Upon approval of the right-of- way vacation, control of the public streets will transfer to the Tribe, including obligation for their continued operation and maintenance. All costs associated with maintaining these public streets will transfer to the Tribe. RECOMMENDATION: Staff recommends that, after considering public testimony given at the public hearing, that the City Council consider and adopt a Resolution vacating and abandoning the full width of Calle Encilia from Amado Road to Andreas Road, the west half of Calle Encilia from Andreas Road to Tahquitz Canyon Way, and the north half of Andreas Road from Calle Encilia to Calle El Segundo. A Resolution has been included as Attachment 7, which will reserve an easement for public utility purposes over the vacated streets, reserving access to the City and other utility owners for continued operation and maintenance of their utilities located within the vacated streets. SUBMITTED: `Marcus L. Fuller, MPA, P.E., P.L.F.- David H. Ready, Esq., P Assistant City Manager/City Engineer City Manager Attachments: 1. Tribal Letter dated May 10, 2016 2. City Council Resolution No. 18463 3. Planning Commission Resolution No. 6560 4. ACBCI Letter dated January 19, 2016 5. Calle Encilia /Andreas Road Conceptual Traffic Circulation Plan for Hilton Hotel 6. City Council Resolution No. 18461 7. Resolution 14 ATTACHMENT 1 15 AGUA CALIENTE BAND OF CAHUILLA INDIAM PLANNING & DEVELOPMENT DEPARTMENT CONSTRUCTION DIVISION • ECONOMIC DEVELOPMENT DIVISION PLANNING & NATURAL RESOURCES DIVISION • TRIBAL HISTORIC PRESERVATION OFFICE May 10, 2016 MAY 1 p 2016 Mayor Robert Moon and City Council CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 RE: Calls Encilia and Andreas Road Right-of-Way Easement Vacations in Section 14, US, R4E (File R 15-12) Dear Mayor and City Council: Thank you for considering the Tribe's request that the City vacate portions of Calle Encilia and Andreas Road in support of the Tribe's ongoing planning efforts on the Vision Agua Caliente (VAC) Master Plan. During the public hearing that was held on this item at the last City Council meeting, several Council Members, while supportive of the vacation, expressed concern that there wasn't a defined project accompanying the Tribe's request by which to evaluate the need for the street vacation. Stemming from that overarching concern were questions related to the proximity of future structures to the vacated street edges, circulation within the VAC Master Plan area, and how the Tribe's future development would interact and provide connections to the Downtown to the west and the Palm Springs Convention Center to the east. While the Tribe has yet to develop specific plans for the VAC Master Plan area, due in part to the uncertainty surrounding the City's approval of the requested street vacations, the Tribe is committed to maintaining and enhancing connectivity between the Downtown and the Palm Springs Convention Center compatible with current City policies. In support of that commitment, the Tribe's current vision for the north '/z of Andreas Road would be to use that additional area to provide amenities for an enhanced pedestrian experience along that important corridor. Similarly, the west '/2 of Encilia is also envisioned to provide additional area for pedestrian oriented amenities while still maintaining vehicle access to the Hilton Hotel and future development within the VAC Master Plan area. At this time, the Tribe does not envision placing any structures at the new property line along the northern edge of Andreas Road or the western edge of Calle Encilia, other than those that would support and/or enhance access to the property. As previously stated, the Tribe does not have any plans to immediately close Calle Encilia and Andreas Road, and these streets will continue to remain open to the public until no longer needed. The Tribe is seeking approval of the requested street vacations Y6 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 760/699/6800 • AGUACALIENTE-NSN .GOV in order to provide certainty to the boundaries of the VAC Master Plan for the Tribe's ongoing planning efforts for that area. Please let me know should you have any questions at 760-699-6960. Sinc Thdrias J. Davis, AICP Chief Planning and Development Officer AGUA CALIENTE BAND OF CAHUILLA INDIANS CC: Tribal Council Margaret Park, Director of Planning & Natural Resources Marcus Fuller, Assistant City Manager/City Engineer, City of Palm Springs 17 AGUA CALICNTC BAND OF CAHUILLA INDIANS W W W. A GU A CALI E N T E - N S N . G O V ATTACHMENT 2 18 RESOLUTION NO. 18463 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 232 (CASE 5.0667 PD-232) ' FOR THE AGUA CALIENTE INDIAN GAMING FACILITY LOCATED ON A SITE OF APPROXIMATELY 10.3 ACRES GENERALLY BOUND BY AMADO ROAD, CALLE EL SEGUNDO, ANDREAS ROAD AND CALLS ENCILIA, R-4- VP ACID RESORT OVERLAY ZONES, SECTION 14 . WHEREAS, the Agua Caliente Band of Cahuilla Indians (Tribe) , in association with Caesars Palm Springs Management Company, Inc- (Caesars) , have submitted an application for a Planned Development District (PD) for an Indian Gaming Facility (gaming facility) ; and WHEREAS, the gaming facility is proposed to built in two phases and will entail approximately 75, 000 square feet in Phase I and up to 119, 000 square feet in Phase II; and WHEREAS, the proposed gaming facility will operate 24-hours per day and will include gaming, restaurant and entertainment uses; and WHEREAS, the gaming facility is required to provide at least 625 parking spaces in phase I and will accommodate this requirement with surface parking on-site and on adjacent parcels, if such land is acquired by the Tribe and Caesars, or an on-site one-deck parking facility will be provided; and WHEREAS, the gaming facility is required to provide at least 1094 ' parking spaces, which number will be further refined prior to the construction of Phase II, and such required parking will be accommodated by an up to four story parking structure; and WHEREAS, the number of parking spaces displaced on the Post Office property will he required to be relocated in proximity to the Post Office property; and WHEREAS, the PD application requests flexibility with regard to the development standards set forth in the City of Palm Springs Zoning Ordinance; WHEREAS, the setback is reduced along Amado Road with the proposed parking facility; and WHEREAS, a portion of the proposed gaming facility and parking structure, as well as the porte cochere, landscape planters, light fixtures, entry archways and surface parking spaces encroach into the public rights-of-way until such time the rights-of-way are vacated; and WHEREAS, that which is listed above which encroaches into the right-of-way will require the approval of an encroachment license until such time the subject streets are vacated; and WHEREAS, the PD proposal will result in the demolition of the Spa Hotel and Hilton Hotel tennis courts and related parking and the relocation of the Hilton Hotel tennis courts and related parking; WHEREAS, the Tribe has also requested approval of a General Plan Amendment and Zoning Text Amendment as related to the gaming facility; and //a Y Res 18463 Pg 2 18461 WHEREAS, the City Council adopted Resolution No_ for the Mitigated Negative Declaration; and WHEREAS, notice of public hearings of the Planning Commission and the City Council to consider and approve, respectively, the subject applications and the Mitigated Negative Declarat'..on, and notice of the CEQA public review period for the Environmental Assessment was published in the Desert Sun on August 1, 1994, and mailed out to ' property owners within 400 feet of the project boundary and other interested parties; and WHEREAS, the proposed General Plan Amendment, Zoning Text Amendment, PD, DDA, Option Agreement and other: related actions discussed in the Environmental Assessment are considered "projects" pursuant to the terms of CEQA and a Mitigated Negative Declaration has been prepared for the project and has been distributed for public review and comment in accordance with CEQA as discussed above; and WHEREAS, the Mitigated Negative Declaration prepared for the project finds that the proposed project will not have a significant negative impact on the environment; and WHEREAS, the Planning Commission at a public hearing held on August 24, 1994, carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report and the environmental data including but not limited to the Environmental Assessment and related comments and voted in favor (4-0; 2 absen,�) of the project; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the , project, including but not limited to the staff report and the environmental data including but not limited to the Environmental Assessment and related comments. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: a. The final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The City Council has independently reviewed and considered the information contained in the Environmental Assessment/Mitigated Negative Declaration and finds that it adequately discusses the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, socioeconomic, public safety, archaeological/historic resources and light and glare) , and that on the basis of the Environmental Assessment and comments received during the public review process, there will be no adverse environmental effects as a result of the approval of the project because mitigation measures identified in the Environmental Assessment/Mitigated Negative Declaration have been incorporated into the project which mitigate any , potential significant environmental effects to point acceptable within the community. The mitigation measures are adopted in the Conditions of Approval of this project as outlined in Exhibit A (as on file in the Office of the City Clerk) of this Resolution.. The City Council further finds that the Environmental Assessment/Mitigated Negative Declaration reflects its independent judgement. q Res 18463 Pg3 Jr. The mitigation Monitoring Program is in compliance with Public Resources Code Section 21081.6 and is required in order to assure compliance with the above referenced mitigation measures during project implementation. These mitigation measures are referenced in the Conditions of Approval of this project as outlined in Exhibit A (as on file in the Office of the City Clerk) of this Resolution. ' c. Pursuant to Fish and Game Code Section 711.4, this project has a de minimis impact on fish and wildlife. Section 2: Pursuant to Section 9403 .00 of the Zoning Ordinance, the City Council finds that: a. The use applied for at the location set forth in the application are properly ones for which a Planned Development is authorized by the City's Zoning Ordinance. The Zoning Ordinance, with the approval of a Planned Development District, allows for an Indian gaming facility on trust lands of the Agua Caliente Indian Reservation - Tribal lands only. The proposed gaming facility will be appropriately located such that it will complement the surrounding hotels, convention center and commercial element of the downtown area. The proposed gaming facility will be located in proximity to two high-density condominium complexes; required conditions and mitigation measures regarding landscaping, grading and building design, will ensure that any visual impact is minimized, such that the location is appropriate for the development of the Indian gaming facility. b. The proposed gaming facility is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the gaming facility is to be located. The proposed gaming facility is in harmony with the goals and objectives of the General Plan such that it will be located in an area designated Resort Commercial. The gaming facility will promote Resort Commercial objectives and policies by providing entertainment for this resort oriented area in which the gaming facility will be located; additionally, the gaming facility is to be located in proximity to the convention center, resort hotels and commercial uses, adding to the General Plan Objective 3.23 regarding the "establishment of a unique district which capitalizes on the presence of the Palm Springs Convention Center. . . " The gaming facility will also further General Plan objectives by strengthening the pedestrian linkage to the downtown area by use of such elements as creative landscaping, decorative paving and street lighting and by creating tourism enhancing development. With the proposed mitigation measures the use will not be detrimental to existing uses as stated in these findings, and will enhance surrounding property and promote the development of resort uses within the zone, consistent with the goals of the General Plan. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, ' landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site is an appropriate one for the proposed use, however, flexibility with regard to certain development standards is being requested. The gaming facility proposal includes encroachment into required setbacks, the reduction of the required landscape percentage and light standards measuring higher than the maximum 21 Res 16463 Pg 4 height set forth in the Zoning Ordinance. Calle Encilia and Andreas Road adjacent to the gaming facility are proposed to be vacated; when this occurs, the gaming facility will not encroach into required setbacks nor rights-of-way. However, until such time, encroachment permits will be issued to permit the facility, including portions of the building, the parking structure, landscape planters, light fixtures, parking spaces and the ports cochere to encroach into the rights-of-way. ' The gaming facility building and parking structure will be conditioned to maintain a 1:1 setback along Calle El Segundo. Setbacks along Amado will be reduced to a minimum of 20 feet along a portion of Amado; however, this elevation is not directly adjacent to or across the street from any existing residential development and will entail appropriate landscaping to create a buffer for this reduced setback.. The light fixtures will be required to be no greater than 18 feet high as per a mitigation measure within the Environmental Assessment along Calle El Segundo since condominiums are located across the street along Calle El Segundo. The light fixtures have been proposed at a maximum height of 30 feet in other areas not fronting along Calle E1 Segundo such that they will not negatively impact sensitive land uses; a mitigation measure is also included which requires a lighting plan for the purpose of additional analysis and possibly additional requirements regarding light spillage toward the condominiums and the Hilton Hotel. Additionally, a condition will require all light fixtures to be no higher than 18 feet, with the possibility to increase the height from 22 to 24 feet upon the review of a detailed lighting plan. If developed with these restrictions, the use of the site as a gaming facility will be appropriately adjusted so that impacts on existing and future uses of surrounding property will be minimized and not , adverse. d. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. A traffic study was prepared for this project which indicates the circulation system is currently designed so that the proposed project can be accommodated. The gaming facility will operate 24 hours per day and will create traffic patterns which differ from the normal commuter hours; traffic will be spread out throughout the day and evening. A mitigation measure will require the potential contribution for the future improvement of Alejo Road. The Environmental Assessment concludes that no intersections will be degraded below level of service B by the project. e. That the conditions to be imposed as contained in Exhibit A and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare including any minor modifications to the zone's property development standards. Required conditions and mitigation measures of the Environmental Assessment will ensure that the modifications to the development standards as discussed above will ensure the public health, safety ' and general welfare. Specifically, the project will be required to comply with conditions and mitigation measures regarding but not limited to, noise, light, construction practices, drainage, site design, landscaping, parking and security. These conditions will ensure that the gaming facility will be designed such that it is appropriately located and will not negatively impact the public health, safety and general welfare. IA :3 22 f. The proposed change of zone from R-4-VP to PD-232 is in conformity with the General Plan such that this PD will allow for the Indian Gaming Facility which will contribute to the furthering of the General Plan goals and policies. Goals which will be furthered by this change of zone include enhancing the resort commercial areas, providing a pedestrian connection to the downtown, increasing the potential for tourism, contributing to the ' "establishment of a unique district which capitalizes on the presence of the Palm Springs Convention Center. . . , " and by providing and encouraging resort and entertainment uses in this location adjacent to the downtown and the Convention Center district. g. The proposed change of zone from R-4-VP to Planned Development District 232 is necessary and proper at this time and is not likely to be detrimental to the adjacent properties as set forth in the Environmental Assessment/Mitigated Negative Declaration. The conditions as well as the mitigation measures will ensure that the proposed PD, in lieu of a zone change, will not negatively impact the adjacent properties; special focus is placed on the properties to the east containing high density residential uses. Conditions will ensure the adequate use of landscaping and design methods for softening and/or buffering of elevations across the street from the condominiums, ensure that security measures are utilized such as the use of video surveillance, ensure the restriction of hours of deliveries and will require a study focussing on eliminating any potential for light spillage toward the condominiums. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the city Council approves the Planned Development District 5,0667 PD- 232, subject to those conditions set forth in the attached Exhibit A (as on file in the Office of the City Clerk) , which are to be satisfied prior to the issuance of certificates of occupancy unless otherwise specified, and hereby certifies the Negative Declaration (Exhibit A of the CEQA Resolution) and the Mitigation Monitoring Program, as set forth in the attached Exhibit A (as on File in the Office of the City Clerk) . ADOPTED this 7th day of Senteraher , 1994. AYES: Members Hodges, Lyons, Kleindienst, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY F PALM SPRIN , CALIFORNIA . City Clerk `A y Manage REVIEWED AND APPROVED L�C'� 23 RESOLUTION NO. 18463 EXHIBIT A PLANNED DEVELOPMENT DISTRICT 5.0667-PD-232 SEPTEMBER 7, 1994 CONDITIONS OF APPROVAL ' Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ENGINEERING: CIRCULATION STUDY 1. The developer shall prepare a circulation and access study focused on the Post Office. The study will identify any improvements necessary to ensure acceptable access to the Post office for patrons. The study will he reviewed and approved by the City and the Postal Service. Any improvements shall be the responsibility of the project proponents and shall be carried out during Phase I construction. PHASE I TRAFFIC SIGNALS , 2 . The developer shall provide for the future installation of traffic signals, associated loop detectors and equipment when traffic; warrants are met by (a) providing an easement for installation and maintenance of said loops, (b) not vacating that portion of the street where loop detectors will be installed, or (c) other mitigation measure acceptable to the City Engineer at the following intersections: Indian Canyon Drive North @_ Andreas Road Amado Road @ Calle Encilia Amado Road @ Calle E1 Segundo Calle E1 Segundo @ Andreas Road 2a. The developer shall relocate appurtenant structures, as required by the City Engineer, relating to and including the pedestrian signal at the intersection of Indian Canyon Drive North and Andreas Road, AN"O ROAD , 3 . Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 4. All broken or Off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. /A33 za Res 18463 Pg 7 zz 'y/ 1A 1 1 ANDREAS ROAD 5. The developer shall process the vacation of ANDREAS ROAD as determined from Item # 1 above from INDIAN CANYON DRIVE NORTH to CALLE EL SEGUNDO. Developer shall be responsible for final resolution of all utilities, demolition of all existing improvements, reconstruction ' of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. 6. Dedicate an easement for all existing and proposed sewer and public utility purposes with right of ingress and egress over the vacated area of the private streets. 7 . All broken or off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. 8 . Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. CALLE ENCILIA 9. The developer shall process the vacation of CALLE ENCILIA as determined from Item # 1 above from TAHQUITZ CANYON WAY EAST to AMADO ROAD. Developer shall be responsible for final resolution of all utilities, demolition of all ' existing improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. 10. All broken or off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. 11. Dedicate an easement for sewer and public utility purposes with right of ingress and egress over the entire vacated area of the private streets. 12. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. CALLE EL SEGUNDO 13. Any improvements within the street right-cf-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 14. The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches. 15. All driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 (minimum radius = 15 feet) and have minimum widths of 32 feet. 25 Res 18463 Pg 8 16. All broken or off grade CURE, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. ON-SITE 17. The minimum pavement section for all on-site streets/parking areas shall be a minimum of 2 1/2 inch ' asphalt concrete pavement over 4 inch Class II aggregate base with a minimum subgrade of 24 inches at 95o relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 18. The on-site parking lot shall be constructed in accordance with City of Palm springs zoning Ordinance, Section 9306.00. 19. Connect all sanitary facilities to the City sewer system. GENERAL 20. If existing lots or parcels are to be combined for the gaming facility site area, the developer shall submit a Lot Line Adjustment prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division. This condition shall be complied with before any grading or building permits will be issued. If existing parcels are to be divided or combined, including the Prairie Schooner site, the procedure shall ' be in compliance with the State of California subdivision map Act, Section 66400 et. seq. 21. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all lots created therefrom shall be submitted to the Engineering Division. 22 . Submit a Fine Grading Plan prepared by a Registered Civil Engineer to the Engineering Division for plan check. The Fine Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. 23. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916) -657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 24. Any utility cuts in the existing pavement made by this development shall receive trench replacement pavement to match existing pavement plus 1 additional inch. Pavement shall be restored to a smooth rideable surface. 25. All existing and proposed utility lines on/or adjacent to ' this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Division along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. 1 'L 6 Res 18463 Pg All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 26. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading plans shall be as-built and ' returned to the City of Palm Springs Engineering Division prior to issuance of the Certificate of Occupancy. 27 . The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 28. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 29. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 30. In accordance with City of Palm Springs Municipal Code, Section 8 .50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. The total cash bond for this development is $5,000 ,00. 31. Nothing shall be constructed or planted in the corner ' cut-off area of street intersection or driveway which does or will exceed three (3) feet in height in order to maintain an appropriate sight distance. 32. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. All tree wells within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. TRAFFIC 34. The developer shall provide a minimum of 48 inches of sidewalk clearance around one side of all street furniture for handicap accessibility. The developer shall provide same through dedication of additional right-of- way and widening of the sidewalk or shall be responsible ' for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the AMADO ROAD, CALLE ENCILIA, ANDREAS ROAD, and CALLE EL SEGUNDO frontages of the subject property. 35. The developer shall replace all damaged or destroyed pavement legends and striping and provide any new striping that is required by the City Engineer on the AMADO ROAD, ANDREAS ROAD, CALLE ENCILIA AND CALLE EL 27 Res 18463 Pg 10 SEGUNDO frontages prior to issuance of a Certificate of Occupancy. 36 . A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: All parking lot egresses to public streets and interior , travel ways Amado Road and Calle Encilia Amado Road and Calls E1 Segundo 37 . Construction signing, lighting and barricading shall be provided for on all projects as required by City standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1991, or subsequent additions in force at the time of construct:Lon. 38 . This property is subject to the Transportation Uniform Mitigation Fee based on the INDOOR RECREATIONAL FACILITY STE Code A land use or an equivalent fee pursuant to an agreement negotiated with the Coachella Valley Association of Governments (CVAG) and the Tribal Council. 39. The developer shall coordinate the Grand Opening and all other special events with the Palm Springs Special Events Committee and the Palm Springs Police Department. PHASE 2 , GENERAL 40. The developer shall construct drainage facilities (Lateral 15A) according to the approved Master Plan of Flood Control and Drainage. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Plan shall be credited toward the drainage fee previous:Ly paid in Phase I or otherwise due or in the event such cost exceeds the fee, the City will enter into a reimbursement agreement urith the developer to reimburse him for such excess costs from drainage fees collected from other development. The acreage drainage fee at the present time is $ 9,212 .00 per acre per Resolution No. 15189. This condition shall be complied with, to the satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit. PLANNING: 41. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, , ordinances and resolutions which supplement the zoning district regulations except as modified herein. 42 . The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans (landscape plans shall be approved by the Riverside County Agricultural Commissioner's 3 Z6 Res 18463 Pg 11 Office prior to submittal) , irrigation plans, exterior lighting plans, parking management program, a detailed sign program (to be approved by the Planning Commission) , mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years ' of the City Council approval of the preliminary planned development district. 43 . The final development plans shall include design details of the pedestrian link along Andreas Road to extend from Indian Canyon Drive to Calle E1 Segundo, Such plans shall indicate the use of decorative paving, lighting and landscaping and shall be coordinated with the Downtown Design Guidelines. Additionally, decorative paving, landscaping and light fixtures shall be extended on Calle Encilia from Andreas Road to Tahquitz Canyon Way. The City Council encourages the applicant to extend decorative paving to the west side of Indian Canyon Drive to complete the pedestrian connection to downtown. 44. The final development plans shall include design details showing the usage of decorative paving and crosswalks within the Andreas Road/Calle Encilia intersection. 45. The final development plans shall include a redesign of the loading and maneuvering area, by utilizing a portion of the Parking Lot B area for additional access. A five foot wide landscape planter should be included along the loading area screening wall. ' 46. The final development plans shall include a redesign of Parking Lot B, such that the parking spaces are pulled further away from the gaming facility building and additional landscape is added. 47. The final development plans shall include a redesign of Parking Lot F, such that the drive aisle is reduced to 26 feet and the westerly driveway is designated for exit only. 48. The final development plans shall include a redesign of the pedestrian access from Parking Lot A to the gaming facility entries, including an increase in the width of the landscape planter along the south side of Parking Lot A to include a pedestrian walkway. 49. The City Council encourages the applicant to re-evaluate the building details to bring the building back to a pedestrian scale, especially the portions of the building with domes. (This is an advisory recommendation and is not a condition of approval) . 50. All parking lot and security light fixtures shall be limited to a maximum height of 18 feet; however, upon review of a detailed lighting plan which includes a ' photometric diagram the City may allow an increase in light fixture height (22 to 24 feet) . 51. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building �9 Res 18463 Pg 12 permit. Refer to Chapter 8 .60 of the Municipal Code for specific requirements . 52. Pursuant to Fish and Game Code Section '711.4 a filing fee of $50 .00 is required. This project has a de minimis impact on fish and wildlife, and a Certificate: of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not ' be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier' s check payable to Riverside County. 53 . Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 54 . All roof mounted mechanical equipment and duct work shall be screened such that it cannot be seen at ground level at a distance of 1325 feet from the building upon which the mechanical equipment or duct work is located. The screening shall be considered as an element of the overall design and should blend with the architectural design of the building. 55. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 56. All materials on the flat portions of the roof shall be earth tone in color. 57. Perimeter walls shall be designed, installed and , maintained in compliance with the corner cutback requirements as required in Section 9302 .00 .D. 58. The street address numbering/lettering shall not exceed eight inches in height. 59. The mitigation measures of the environmental assessment shall be adopted as conditions of approval. The applicant shall submit a signed agreement that the mitigation measures outlined as part: of the negative declaration will be included in the plans prior to Planning Commission and City Council consideration of the environmental assessment. 60. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. 61_ Submit plans for approval for proposed trash and recyclable materials enclosures which comply with City standards prior to issuance building :permits. 62 . This project shall be subject to Chapters 2 .24 and 3 .37 ' of the Municipal Code regarding public art. The project shall either provide public art or parnent of a fee. The value of the art provided or the fee paid shall be equal to 1/2%- (for commercial projects) or 1/4%; (for residential projects) of the total building permit valuation. The City Council shall review and consider the proposed fountains as contributions toward the public art requirement during the review of the final PD plans. In 30 Res 18463 Pg 13 M 63. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. ' 64. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 65. One in every eight (8) handicapped parking spaces, but not less than one (1) , shall be served by an eight (8) foot walkway on the right side and shall be designated as "van accessible." 66 . No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 67 . No outside storage of any kind shall be permitted except as per the approved plan. 68 . Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 69 . No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 70. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 71. The project plans shall comply with Section 9306,00 of the Zoning Ordinance regarding parking standards. Special attention shall be focussed on compliance with the following parking requirements: landscape islands; and tree wells; shading percentage; parking lot lighting levels; location of light fixtures; parking stall measurements and striping; designation of compact and handicapped parking spaces, and; curb and pedestrian walkway locations and dimensions. 72. Prior to the issuance of the certificate of occupancy a minimum of 625 parking spaces (or 1 space per 120 gross square feet of building area) in Phase I shall be provided within 300 feet of the property lines of the gaming facility site. Parking may be provided by acquisition of additional properties or construction of a parking structure on the subject property. "Acquisition of additional properties" means either fee title or covenant or lease (leases shall be in a form approved by the Bureau of Indian Affairs) . All parking facilities shall be fully improved pursuant to Section 31 Res 18463 Pg 14 9306.00 C.2 of the Zoning Ordinance. Parking facilities located off-site shall either be added to this Planned Development Distract by amendment or other appropriate permits shall be granted and shall be maintained in a legally enforceable manner for the life of the project or replaced with on-site parking or other additional properties. 73. A detailed parking management program shall be submitted , and approved as part of the final PD prior to the issuance of the certificate of occupancy. The parking management program shall include provisions to provide a minimum of 625 parking spaces (or 1 space per 120 gross square feet of building area) for Phase I and a minimum of 1, 094 parking spaces (or 1 space per 110 gross square feet of building area) for Phase II, on or off-site and shall assure adequate parking at all times, even while parking is dislocated during construction of facilities. Additionally the parking management program shall provide replacement Post Office parking in the amount of 103 spaces (or actual number of Post Office parking spaces displaced) , shall designate all employee and company vehicle parking areas, shall designate off-site bus parking areas, shall describe on-rite bus loading procedures and shall describe the parking study which shall be performed prior to submittal of the final Planned Development District plan approval for Phase II (see mitigation measures #3 and #4 of the Parking section per the attached Mitigation Monitoring Program) . 74. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements , for the City of Palm Springs . A TDM plan shall be submitted and approved prior to the issuance of certificates of occupancy. Refer to Chapter 8 .4 of the Palm Springs Municipal Code. 75. All gaming facility structures along Calle El Segundo shall maintain a minimum horizontal setback no less than the measurement of the vertical height of the structures (not including height of architectural. features) . POLICE DEPARTMENT: 76. Developer shall comply with Section II of Chapter 8 .04 of '. the Palm Springs Municipal Code. FIRE DEPARTMENT: 77. The project entry arches shall provide a minimum clearance of 13' 6" for emergency fire apparatus. 78. The project shall provide a minimum 20 foot clear width for emergency vehicles. 79. The project shall include areas with red curbs and shall ' be posted "No Parking. " Exact areas to be determined at a later date. Vehicle access gates and locked exterior doors may require Knox access. 80. A master site plan (8.5" x 11") shall be submitted, after final configuration of parking, vehicular access, etc. is determined, for location of fire hydrants. Note: existing fire hydrants may be required to be upgraded. (�`7� 32 Res 18463 Pg 18 74 81. The gaming facility site shall be fenced prior to construction and provided with on site garden hoses for construction fire protection. construction security guards will be required during Phase II construction. 82. The project shall comply with applicable local, state and national fire codes. 83 . The fountain features, etc. shall not reduce the turning radius for emergency fire apparatus below the minimum Fire Department turning radius of 43 feet. 84. The project fire flow requirements shall be established by the Fire Department based on the final square footage and type of construction. 85. Additional Fire Department items may be required as conditions warrant. WASTE DISPOSAL SERVICES: 8G. The location of the trash enclosure is acceptable subject to approved construction details approved by the Building official consistent with approved City details. BUILDING REQUIREMENTS: 87. Prior to any construction on-site, all appropriate permits must be secured. 1 33 Res 18463 Pg 16 MITIGATION MONITORING PROGRAM CASE 5.0667 GPA/ZTA/PD-232 SEPTEMBER 7, 1994 California statutory legislation (Public Resources Code, Section 21081.6) requires responsible ' agencies to adopt monitoring programs to ensure that implementation of mitigation measures contained in Environmental Impact Reports and Environmental Assessments is effectively monitored. This document is designed to ensure that mitigation measures contained in the Environmental Assessment for the Indian gaming facility are properly monitored. Land Use Mitigation Measures: ]. A General Plan Amendment is required to designate the entire project area as Resort Commercial from its current mix of high Density Residential, Resort Commercial, and Central Business District designations. Also, the allowable uses within the Resort Commercial designation must include references to Indian gaming facilities and associated uses. 7.. The project proponents shall submit a PDD application covering the 10.3-acre site to be developed as a gaming facility. The application requires the submittal of Preliminary and Final Development Plans and their review by the Planning; Commission and City Council. Public hearings and findings in accordance with Zoning Ordinance procedures for a PDD will assure that issues associated with land use compatibility and community design will be addressed in detail. This review shall include an evaluation of building , heights, setbacks, proportions or massing, architectural style and details, and landscape architecture treatment (including hardscapes). The review shall also focus on uses, improvements, and circulation of pedestrians along Andreas Road between the Convention Center and downtown. Responsible for Monitoring: The City of Palm Springs. Timing: Currently being carried out with the Planning Commission public hearing held on August 24, 1994, and the City Council public, hearing of September 7, 1994. Date Co le . Mitigation Measure: 3. A Conditional Use Permit shall be required for the relocation of tennis courts to the Prairie Schooner site. The permit shall specify hours of operation from sunrise to 10 p.m. Responsible for Monitoring: The project applicants and the City of Palm Springs. Timin : Prior to submittal for grading permits or other necessary permits for the location of ' tennis courts on the Prairie Schooner site. Date Completed: 34 Res 13463 Pg 17 2 ' Traffic/Circulation Mitigation Measure: 1. The project applicant shall contribute, on a fair share basis, to improvement of Alejo Road to four lanes between Palm Canyon Drive and Via Miraleste, if the City implements a funding mechanism addressing these improvements within five years of the issuance of an occupancy permit for the second phase of die gaming facility. Responsible for Monitoring: The Tribal Council and the Department of Planning and Building, Timing: Within five years of the issuance of Certificates of Occupancy for Phase Il of die project. The Tribal Council shall consider this as part of the upcoming Section 14 Master Plan. Date Completed: Mitigation Measure: 2. The contractor shall ensure that flagmen are used to assist trucks inerging into traffic, and that truck trips are limited during die peak commute hours. Responsible for Monitoring: The project's construction manager and die Department of Public Works. Timing: This shall occur for die duration of the project demolition, grading and construction phases. Date Completed: Mitigation Measures: 3. The gaming facility operator shall establish a local shuttle service to and from area Hotels, resorts, and other pick-up points. 4. The gaming facility operator shall establish an employee ride-share program. S. The gaming facility operator shall coordinate with Sun Line Transit Agency to facilitate the use of public transit, and shall consider promotional incentives for such usage. ' Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timine: These mitigation measures shall be incorporated within the required Transportation Demand Management (TDM) Plan which shall be submitted and approved prior to issuance of Certificates of Occupancy. 35 Res 18463 Pg 18 3 Date Completed; Mitigation Me ure: ' 6. The Atu&-celienie Band The Department of Planning and Building shall evaluate the operation of Andreas Road between Palm Canyon Drive and Indian Canyon Drive once the gaining facility is open and shall make adjustments if necessary. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: During the life of the project and as part of the Section 14 Master Plan. Date Completed: Mitigation Measure: 7. The Agua Caliente Band shall pay for the placement of stop signs at the intersection of Amado Road with Calle Encdia and Calle El Segundo. Responsible for Monitoring: The project applicants and the Department of Public Works. Timing: Prior to the issuance of Certificates of Occupancy. ' Date Completed: Mitigation Measure: 8. Prior to initiation of Phase I construction, the project proponent shall prepare a circulation and access study focused on die Post Office. The purpose of this study will be to identify any improvements necessary to ensure acceptable:access to the.Post Office for patrons. The study shall be reviewed and approved by the City and the Postal Service. Any needed improvements shall be the responsibility of the project proponents and shall be carried out during Phase I construction. Rspmhsible for Monitoring: The project applicants and die Department of Planning and Building. min : As part of the Post Office land acquisition process. Date Completed: 36 Res 18463 Pg 19 4 Air Quality f yCY ' Mitigation Measures: r Short-term (Construction) Emissions 1. The contractor shall ensure that trucks used for hauling excess materials are covered so as to minimize loss of materials, that flagmen are used to assist trucks merging into traffic, and that truck trips are limited during the peak commute hours. 2. A Fugitive Dust(PMI,) Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the Municipal Code and shall included as part of die construction contract specifications prior to the issuance of a grading permit. The Fugitive Dust Mitigation Plan shall specify steps that will be taken to comply with the City's Fugitive Dust and Erosion Control Ordinance, which restricts fugitive dust emissions. Measures outlined in the plan shall include, but not be limited to: daily watering of graded areas, washing of equipment tires before leaving the construction site, and use of SCAQMD approved chemical stabilizers or soil binders. 3. Grading shall occur within die framework of approved development plans and shall be concurrent with full-scale site development (i.e., the project site shall not remain in a graded, but unimproved, state for an extended period). 4. Construction roads shall be paved as soon as they are created. Paving shall extend from tire paved roadway onto the construction area and shall be cleaned at die end of each work day. 5. The contractor shall discontinue construction activities during the first and second stage smog alerts, or when wind gusts exceed or are forecast to exceed 30 miles per hour at the project site. 6. Vegetative ground cover shall be planted as soon as possible on construction sites. Temporary vegetation shall be placed in areas that are to remain bare for an extended period of time. Chemical soil stabilizers may be used on an annual basis in place of the vegetative ground cover. 7. All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained. 8. The contractor shall provide evidence that low emission mobile construction equipment will be used for the project or shall provide evidence that their use was investigated and found to be infeasible for the project. ' 9. The contractor shall employ construction activity management techniques, such as extending the construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between the emission sources; reducing or changing the hours of construction; and scheduling activity during off-peak hours. 10, The contractor shall utilize existing power sources (i.e., temporary power poles) so as to avoid the use of diesel generators. 37 Res 18463 Pg 20 5 Responsible for Monitoring: The project applicants, the project construction manager and the Department of Planning and Building. Timm : Prior to the submittal for grading permits and for the duration of the demolition, ' grading and construction phases of the project. Date Completed: Long-term (Operational) );missions 11. The gaming facility operator shall submit a plan that demonstrates conformance with the City's Transportation Dcutand Management Ordinance. Subsequent to review and approval by City staff, all measures included in die plan shall be implemented as part of gaming facility operation. 12. The gaming facility operator shall establish a local shuttle service to and from area hotels, resorts, and other pick-up points, Use of zero emissions or clean burning shuttle vehicles shall be investigated. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timng: To be approved prior to the issuance of Certificates of Occupancy. , Date Completed: Noise Mitigation Measures: 1, Noise generating construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m., seven days a week. Any extension of construction hours requires that a permit be issued by the City of Palm Springs (City of Palm Springs Noise Ordinance § 11.74.041). 2. All construction vehicles and equipment shall be equipped with properly functioning and maintained muffler systems. 3. All noisy operations such as stockpiling and/or vehicle staging shall be performed as far as reasonably practicable from noise sensitive receptors (e.g., the existing hotels and condominiums). 4. Prior to the issuance of any,demolition,grading or building permit, the project proponent shall submit a construction traffic route plan to the City Engineer for approval. The Plan shall demonstrate avoidance of congested roadways,avoidance of sensitive receptors, and minimization of trips and trip length to the extent feasible. /19zl- 7 38 Res 18463 Pg 21 6 Responsible for Monitoring: The project applicants, the project construction manager, the Department of Public Works and the Department of Planning and Building. Timing: Prior to the submittal of the first permit, during the demolition, grading and construction phases of the project and for the life of the project. Date Completed: Mitigation Measure: 5. Deliveries shall be prohibited between the hours of 8 p.m. and 7 a.m. Responsible for Monitoring: Department of Planning and Building and the operator. hninz: For the life of the project. Date Completed: Mitigation Measure: 6. All traffic sign boards shall be solar powered. ' Responsible for Monitoring: The project applicant and the Department of Public Works. Timing: For the duration of the use of traffic sign boards. Date Completed: Parking Mitigation Measures: 1. The City wfll process an Administrative Minor Modification(AMM)to reduce the Hilton Hotel's overall requirement to 221 spaces. 2. The City will process an AMM to reduce the Spa Hotel's parking requirement to 225 spaces. Responsible for Monitoring: The Department of Planning and Building. Timing: Prior to demolition and/or closure of existing parking facilities. ' Date Completed: Mitigation Measure: 3. The 103 Post Office parking spaces to be displaced by the project will be replaced prior to their elimination. This replacement will occur in the immediate vicinity of the Post 39 REs 18463 Pg 22 7 Office. Current efforts to secure this parking are focusing on the vacant lots north of Amado Road between Calle Encilia and Calle El Segundo. The City will provide environmental and planning review of development of this or .any other off-site parking lot. , Responsible for Monitoring: The project applicants and [lie Department of Planning and Building. Timing: Prior to the dislocation of any Post Office parking. Date Completed: Mitigation Measure: 4. An analysis of Phase I patronage shall be performed by the gaming operator prior to the initiation of construction plans for Phase II to determine the actual patronage per square foot and patron entrance/exit patterns as well as arrival patterns (type of transportation used), The resulting information shall be utilized to refine Phase II parking space requirements. Should an existing or projected shortfall in Phase 11 parking be identified, Phase li plans will be revised to supply the identified additional amount. Responsible for Monitoring: The project applicant and the Department of Planning and Building. Timine: Prior to the submittal for Find Planned Development District plans for Phase II ' construction of the project. Date Completed: Visual Aesthetics and Community Design Mitigation Measures: 1. Prior to final "as-built" approval of grading, die a Registered Landscape Architect shall inspect landscape installation for conformance to (lie requirements of this document and the grading permit; a Registered Landscape Architect shall certify by letter to the City of Palm Springs that landscape installation conforms to these requirements. 2. Landscaping within the parking areas shall be installed as part of Phase I and shall conform to the landscaping requirements of the Zoning Ordinance. Respon ible for Monitoring: The project .applicants and die Department of Planning and Building. Timiu2: 1 Date Comp eted: 40 Res 18463 Pg 23 8 Mitigation Measure: 3. The PDD application,which will cover the entire square block encompassing the gaming facility and the parking structure, requires the submittal of Preliminary and Final Development Plans and their review by the Planning Commission and City Council. Public hearings and findings will assure that issues associated with community design will be addressed in detail. This review shall include an evaluation of building heights, setbacks, proportions or massing, architectural style and details, and landscape architecture treatment (including hardscapes) as they relate, in particular, to the residential condominiums adjacent to the east and northeast. The review shall also focus on uses, improvements, and circulation of pedestrians along Andreas Road between the Convention Center and downtown in an effort to create an enhanced pedestrian environment. Responsible for Monitoring; The project applicants and the Department of Planning and Building. Timine: The Planned Development District application is currently being processed by the Department of Planning and Building. The preliminary PD application was recommended for approval to the City Council on August 24, 1994, and the City Council will hold a public hearing on this project on September 7, 1994. Final development plans shall be submitted and approved prior to the issuance of building permits. ' Date Completed: Geology/Soils Mitigation Measures: 1. Structures shall be designed according to current structural standards for seismically active areas. While the Tribe is not required to do so, the project shall comply with all applicable requirement of the Uniform Building Code. 2. Permanent structures to be constructed on the proposed site shall be designed by a qualified professional who is aware of the project's seismic setting. A geotechnical engineer shall be retained to provide input for foundation design. 3. Recompacted soil mats shall be constructed beneath all foundations and slabs-on-grade to decrease the potential for consolidation and to provide a more uniform and firm bearing support for the proposed structures. Responsible for Monitoring: The project applicants, the Department of Public Works and the Department of Planning and Zoning. ' Timing: In conjunction with the submittal for building permits. Date Completed: 41 Res 18463 Pg 24 9 Water Quality Mitigation Measure: ' I. The Agua Caliente Band will submit a Notice of Intent for Construction Activities to the U.S. Environmental Protection Agency at least two days prior to the commencement of construction(as described above in 4.7.1). The Notice of Intent will include a Pollution Prevention Control Plan. Responsible for Monitoring: The project applicants, the U.S. E.P.A. and the Department of Public Works. Timing: Prior to the commencement of project construction. Date Completed: Drainage Mitigation Measure: 1. Phase I development shall be subject to flood control and drainage implementation fees. Responsible for Monitoring: The project applicant, the Department of Public Works and the ' Department of Planning and Building. Ti nin : Prior to the issuance of building permits. Date Completed: Mitigation Measure: I Drainage facilities specified for the immediate project vicinity in the approved Master Drainage Plan and designated as ]Lateral 15A shall be constructed in Phase II. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Drainage Plan shall be credited toward the drainage fee previously paid in Phase I etherwise-due or in the event such cost exceeds the fee previously paid etherwise dee, the City will enter into a reimbursement agreement with developer to reimburse him for such excess costs from drainage fees collected from other development. This condition shall be compiled with, to rite satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit. Responsible for Monitoring: The project applicant, the Riverside County Flood Control and , Water Conservation District and the Department of Public Works. Timing: Prior to the issuance of Certificates of Occupancy for Phase If of die project. Date Completed: 42 Res 18463 Pg 25 10 Mitigation Measure: ' 3. i x-o€-wa fe rncijia. 'Fhrss'nt¢ miow eenstfnetien 1—me 15 as part of the phase, of the Nlastef Dfainage Platt. The developer shall enter into an agreement with the Riverside County Flood Control and Water Conservation District to establish the terms an conditions covering plan checking, inspection and acceptance of the facilities, Lateral 15A, for operation and maintenance. Responsible for Monitoring: The project applicants, the Riverside County Flood Control and Water Conservation District and the Department of Public Works. Timing: Prior to the issuance of Building Permits for Phase II. Date Completed: Public Utilities/Services ' Mitigation Measures: Water 1. All on-and off-site water facilities required to serve the proposed project shall be constructed and/or funded by the project applicant(s). The project applicant(s) shall prepare water facility plans for review and approval by the City of Palm Springs and tic DWA prior to the approval of building permits TenE$tive-Mep-eyprevel. All applicable federal, state and local regulations and operating procedures shall be followed in the design, construction and operation of water facilities for the project. Responsible for Monitoring: The project applicants, the DWA and the Department of Public Works. Timing: Prior to the approval of the Lot Line Adjustment. Date Completed: Sewer ' Z. The project proponent(s) shall submit to the City of Palm Springs for review and approval detailed sewer facility plans prior to approval of building permits final tentative rnap-apprevals. The plans shall identify requited on-and off-site improvement types, location, sizing, phasing and explanations as to how the proposed improvements comply with City requirements. 3. The project proponent(s) shall also be required to fund all on and off-site improvements 43 Res 18463 Pg 26 11 required by the project and maintain all on-site facilities. 4. The project proponent(s) shall pay sewer connection fees required to provide sewage , collection and disposal to the project site. Sewer fees shall be paid prior to issuance of Permit to Connect. Responsible for Monitoring: The project applicants, the Department of Public Works and the Department of Planning and Building,. imin : Prior to the issuance of Building Permits. Date Completed: Solid Waste Mitigation Measures: 5. The Tribe and the operator of the proposed facilities shall comply with the Solid Waste Management Act of 1989 and the Coachella Valley Associated Governmenbs Integrated Waste Management Plan. 6. The project proponent(s)shall incorporate collection/storage facilities for recyclables for ' all nort-residential development pursuant to the Zoning Ordinance. 7. The Tribe shall seek proposals for the use of recycled products in the construction of all uses on-site. 8. The project proponent(s) and operators of the proposed facilities shall contract Waste Disposal Services, Inc. or some other waste disposal hauler, to remove green waste from the site upon availability of adequate service to dispose of such waste in other than a municipal landfill. This would help the City comply with the Solid Waste Management. Act. Responsible for Monitoring: The project applicants, Palm Springs Disposal Services and the Department of Planning and Building. Timing: In conjunction with final PD development plans and for the life of the project. Date Completed: Mitigation Measure: ' Schools 9. The City of Palm Springs School District charges a one time school impact fee of $0.27/square foot for commercial facilities. The proposed project site includes 150,000 square feet of commercial area. Utilizing the above methodology to calculate fees the Res 18463 Pg 27 el 11 12 proposed development would be required to pay an impact fee of $40,500.00. The Tribal Council of the Agua Caliente Band may, by separate agreement with the Palm ' Springs Unified School District,provide equipment and/or facilities to support education, continuing education and/or job training in-lieu of payment of impact fees. Prior to issuance of building permit an agreement between the Palm Springs School District and the Agua Caliente Band shall be provided to the City. Responsible for Monitoring: The applicants, the Palm Springs Unified School District and the Department of Planning and Building. Timine: Prior to the issuance of Building Permits. Date Completed: Mitigation Measure: Library 10, Funds derived by the City from Casino revenues shall be used to offset increased demands upon library services. Responsible for Monitoring: The City of Palm Springs. ' Timi : For the life of the project. Date Completed: Mitigation Measure: Socioeconomics Mitigation Measure.- 1. The potential increase in demand for low-income housing will be mitigated through the use of City proceeds generated by the gaming facility and aligned activities, as well as existing housing funds. Responsible for Monitoring: The Department of Economic Development. Timing: For the life of the project. Q3W Completed: ' Mitigation Measures: 2. Caesars, in association with the Agua Caliente Band Tribal Council, shall extend its existing support of non-profit programs dealing with compulsive behaviors and substance abuse to the City of Palm Springs. 45 Res 18463 P4 28 13 3. Caesars will conduct a study of the impact on social programs within the Palm Springs area within a twelve months of the opening of the gaming facility. The review should , consider any damage to the aesthetics of the surrounding area, family disruption caused by gaming losses, and dysfunctional family association as a result of gaming. The study will be submitted to the Agua Caliente Band of Calmilla Indians Tribal Council and the Palm Springs City Council for review, consideration, and possible action. Problems identified through this study will be addressed through Caesars' existing methods of supporting the above-mentioned non-profit programs. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: Within one year of the opening of the project and for the life of the project. Date Completed: Public Safety Police Mitigation Measures: 1. Prior to the issuance of building permits, an agreement between the City and Caesars ' specifying that Caesars will handle most minor calls in-house will be finalized; 2. The Palm Springs Police Department will train Caesars security personnel in report writing and citizen arrest techniques. Training will be provided on a pay-for-service basis; 3. Caesars will provide complete facility video surveillance includutg parking lots. esoonsible for Monitoring: The project applicants and the City of Palm Springs Police Department. Timin : Prior to the issuance of Building Permits and for the life of the project. Date Competed: Mitigation Measure: 4. Adequate street lighting shall be provided along all street frontages and on Amado Road, between Calle Encilia and Indian Canyon. Responsible for Monitoring: The project applicants, the Police Department and the Department ' of Planting and Building. Timing: Prior to the issuance of Certificates of Occupancy acid for the life of the project. Date Co : 46 Res 18463 Pg 29 14 .fare ' Mitigation Measure: 1. Lntry arches shall provide a minimum clearance 13'6" for emergency fire apparatus_ 2. Minimum clear width for emergency vehicles to be 20'. 3. Numerous areas to be "red curbed" and posted "No Parking." Exact areas to be determined at a later dale. 4. Submit 8'h"x 11" master site plan when final configuration of parking,vehicular access, and other hardscape is determined for location of fire hydrants. Existing fire hydrants may require upgrading. 5. Fire flows for structures shall be provided in accordance with respective construction types. 6. The gaming facility site shall be fenced prior to construction and provided with on site garden hoses for construction fire protection. Depending on construction type, security guards may be required. 7. The gaming facility shall comply with applicable state, local and national fire codes. ' 8. Additional fire protection requirements will be determined during review of final plans and construction documents. Responsible for Monitoring: The project applicant and the City of Palm Springs Fire Department. Tinning: In conjunction with submittal for Building Permits. Date Completed: Cultural Resources Mitigation Measure: 1. Archaeological monitors, under the direction of a Society of Professional Archaeologists- certified supervisor, shall be present during initial construction stages of ground disturbance. An agreement between the Tribe, Caesars, and the City shall be in place to guide the evaluation and, if necessary, the data recovery of any significant cultural resources that may be uncovered. Responsible for Monitoring: The project applicants and the Department of Planning and Building. Timing: Prior to the issuance or grading permit and during the initial stages of the site grading and demolition. 47 Res 18463 Pg 30 15 Date Completed: Light and Glare ' Mitigation Measures: 1. A lighting plan shall be, included as part of the PDD application and shall comply with lighting regulations of the Zoning Ordinance as well as with the standards set forth in County Ordinance No, 655. The lighting design shall include an additional analysis of potential light spillage to residential condominiums to the east and northeast, and to the Hilton Hotel to the south. The lighting plan shall reduce light and glare to these areas by shielding of the light source, use of vegetation, and placement and height of light standards. The design of proposed buildings should also limit windows and other openings along the east side of the facility or incorporate other measures to limit light spillage from interior use areas where activities will be conducted 24 hours a day. (See conditions of approval) 2. Light fixtures for exterior use areas bordering Calle El Segundo shall be limited to 18 feet in height pursuant to the Zoning Ordinance. (See conditions of approval) Responsible for Monitoring: The project applicants and the Department of Planting and Building. Timing: In conjunction with submittal of final PD development plans. ' Date Completed: Mitigation Me sa.ure: 3. Tennis court lighting shall be prohibited between the hours of 10:00 pn and sunrise. Responsible for Monitoring: The Department of Planting and Building. Timing: For the duration of the tennis courts operation. DateCompleted: Mitigation Measure: 4. Use of reflective glass on exterior surfaces of the gaming facility should be minimized. Res on ible for Monitoring: The project applicants and the Department of Planning and ' Building. Timing: in conjunction with submittal of final development plans for the PD. Date Completed: 48 ATTACHMENT 3 42 RESOLUTION NO. 6560 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING A REQUEST TO VACATION AND ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY WITHIN CALLE ENCILIA AND ANDREAS ROADS SHOWN ON THE AGUA CALIENTE RESERVATION MAP, NOVEMBER 1948, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST; (ENGINEERING FILE R 15-12). WHEREAS, the Agua Caliente Band of Cahuilla Indians, (the 'Tribe"), has filed an application requesting that the City consider vacating and abandoning portions of the public right-of-way for Andreas Road between Calle Encilia and Calle El Segundo, and Andreas Road between Amado Road and Tahquitz Canyon Way, as described in Exhibit "A" and shown on Exhibit "B"; and WHEREAS, vacation of Andreas Road and Calle Encilia have been anticipated as part of the Tribe's development of its properties in Section 14, and were identified as part of the overall scope of the "Agua Caliente Indian Gaming Facility," Planned Development District No. 232 ("PDD 232"), previously reviewed and recommended for approval by the Planning Commission, and approved by the City Council on September 7, 1994; and WHEREAS, the former Community Redevelopment Agency for the City of Palm Springs ("RDA") and the Tribe entered into a Disposition and Development Agreement ("DDA") that also identified vacation of portions of Andreas Road and Cale Encilia in two phases, with Phase I identified as that part of Andreas Road between Indian Canyon Drive and Calle Encilia, and with Phase II identified as Andreas Road between Calle Encilia and Calle El Segundo, and Calle Encilia between Amado Road and Tahquitz Canyon Way; and WHEREAS, the Phase I right-of-way vacation of Andreas Road between Indian Canyon Drive and Calle Encilia was officially vacated by the City Council on December 18, 1996; and WHEREAS, the currently adopted Circulation Element of the General Plan identifies Andreas Road between Indian Canyon Drive and Calle Alvarado, and Calle Encilia between Amado Road and Tahquitz Canyon Way, as local streets, as shown in the Circulation Element Map; and WHEREAS, the currently adopted July 2014 Section 14 Specific Plan identifies Andreas Road between Indian Canyon Drive and Calle Alvarado, and Calle Encilia between Amado Road and Tahquitz Canyon Way, as local streets, as shown in Figure 5-7 thereof; and WHEREAS, Section 65402(a) of the California Government Code requires that no public street or public easement shall be vacated or abandoned if the adopted general plan applies thereto until the location, purpose and extent of such easement vacation or abandonment have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof; and 50 Planning Commission Resolution No. 6560 March 9, 2016 Engineering File No. R- 15-12 Agua Caliente Band of Cahuilla Indians Vacation and Abandonment between Calle Encilia and Andreas Road WHEREAS, Section 8313(a) of the California Streets and Highways Code requires that, if the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement; and WHEREAS, Section 607 of Article VI of the Charter of the City of Palm Springs established the Planning Commission, and assigned it all duties set out in the California Planning and Zoning Law for a planning agency. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby determines that the vacation and abandonment of portions of the public right-of-way for Andreas Road between Calle Encilia and Calle El Segundo, and Andreas Road between Amado Road and Tahquitz Canyon Way, as described in Exhibit "A" and shown on Exhibit "B", is consistent with the 2007 Palm Springs General Plan and the July 2014 Section 14 Specific Plan. ADOPTED this 6th day of March, 2016. AYES: 6, Donenfeld, Lowe, Middleton, Weremiuk, Vice-Chair Calerdine and Chair Klatchko NOES: None ABSENT: 1, Hirschbein ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Flinn L. Fagg, AICP Director of Planning Services 51 EXHIBIT"A" VACATION OF RIGHT OF WAY OVER PORTIONS OF CALLE ENCILIA IN BETWEEN TAHQUITZ CANYON WAY AND AMADO ROAD AND ANDREAS ROAD IN BETWEEN CALLS ENCILIA AND CALLE EL SEGUNDO, ALL BEING A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERDIAN, COUNTY OF RIVERSIDE, LOCATED IN THE CITY OF PALM SPRINGS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF ANDREAS ROAD AND CALLE ENCILIA OF PARCEL MAP NO. 15314, AS S14OWN BY PARCEL MAP ON FILE 1N BOOK 86, PAGE 100 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE, SOUTH 00'04'01" EAST, ALONG THE CENTERLINE OF CALLE ENCILIA OF SAID PARCEL MAP A DISTANCE OF 597.70 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 60.00 FEET NORTH OF THE CENTERLINE OF TAHQUITZ CANYON WAY OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID TAHQUITZ CANYON WAY; THENCE, SOUTH 89°58'59" WEST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 60.02 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS NORTH 00001'01"WEST; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90003'00", A DISTANCE OF 31.43 FEET TO A POINT THAT 1S PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY SAID CALLE ENCILLIA; THENCE, NORTH 00004'01" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 577.87 FEET TO AN ANGLE POINT, SAID POINT ALSO BEING ON THE CENTERLINE OF ANDREAS ROAD OF SAID PARCEL MAP; THENCE, NORTH 00-04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 40.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY SAID ANDREAS ROAD; THENCE, SOUTH 89044'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 25.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; 52 THENCE, NORTH 00004'25" WEST, ALONG SAID WESTERLY RIG14T OF WAY A DISTANCED]-' 133.59 FEETTO AN ANGLE POINT, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 89°44'57" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 15.00 FEET TO A POINT T14AT 1S PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON TIME WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 00-04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 436.36 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE• THROUGH A CENTRAL ANGLE OF 89040'39", A DISTANCE OF 31.30 FEET TO A POINT THAT 1S PARALLEL WITH AND OFFSET 55.00 FEET SOUTH 01: THE CENTERLINE OF AMADO ROAD OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE SOUTHERLY RIG14T OF WAY OF AMADO ROAD; THENCE•, SOUTH 89°45'04" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 119.70 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS SOUTH 03028'37" EAST; THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8695'48", A DISTANCE OF 3022 FEET TO A POINT THAT' IS PARALLEL WITH AND OFFSET 40.00 FEET EAST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY SAID CALLE ENCILLIA; THENCE, SOUTH 00°04'25" EAST, ALONG SAID EASTERLY RIGHT OF WAY A DISTANCE OF 549.88 FEET TO A POINT ON A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'40'32", A DISTANCE OF 31.30 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSETFAFA 40.00 FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY SAID ANDREAS ROAD; THENCE, SOUTH 89-44'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 458.30 FEET TO A POINT ON A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20 FEET; 53 THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90019'38", A DISTANCE OF 31.53 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET WEST OF T14E CENTERLINE OF CALLE EL SEGUNDO OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY SAID CALLE EL SEGUNDO; THENCE, SOUTH 00°04'35" EAST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 60.12 FEET TO A POINT ON THE CENTERLINE OF SAID ANDREAS ROAD; THENCE, NORTH 89-44'57" WEST, ALONG SAID CENTERLINE A DISTANCE OF 538.28 FEET TO THE POINT OF BEGINNING; SAID AREA CONTAINS 92,355 SQUARE FEET OR 2.12 ACRES, MORE OR LESS. y�0\p,ND 3VRL , MAGMA 0 * No 6232 \\lnT Ezp.1231.15 OpCgL\F01 54 AMADO ROAD EXHIBIT 110111 I __ 2 _. 503'28'37"E(R) 1 c2 / 3 — -- 40' I L LINE TABLE 1) � C3 l I j -40' 69 LINE BEARING LENGTH 40'— ,I / 7Q �� 20 I lO Lt (N 89'56'S9"E) 60.02' 71 3 <% p Pp'$6IN0 I L2 (NB9'45'04"W) 118.70' f P�' I L3 (NOD'04'35" 60.12' o,6 N© ( ICv L4 [NOO-04'25"W] 40.00' D4---,I �V) L5 (NB9'44'57"W) 15.00' LLIjI- 01O II 1� L6 [NOD-04'25'W] 133.59' 1B D7 67 Q 68 3 Ly L5 � '. PSG ZGIS pPPGgeI\OD kv CURVE TABLE 25 (C5) I � CURVE RADIUS DELTA LENGTH V1 L5 �, C4 01 (N89'44'S7"W) D4 \ C1 20.OD' 90'03'00" 31.43' 458 30' \ I C2 20.00' 89'40`39'1 31.30' NffgMAS C3 20.00' 86'35'48" 30.23' (N89-44'57"W) 538.2B' � 1 C4 20.00' 89'40'32" 31.30' (C5) 20.00' 9019'38" 31.53' D2 I' 40' I 1 4A 0 5A 6A 1 SURVEYOR NOTES: INDICATES RECORD DATA PER PM 66/100 PpG�! 00 _ f [ ] INDICATES RECORD DATA PER PM 20/59 1 —c �z C n �6 1 01 INDICATES RIGHT OF WAY DEDICATION. I z LO I o I P� 1 I RECORDED 11/3/75 AS INS. NO. 138182 TO THE CITY OF PALM SPRINGS. o 1 13v r Y 12 I 11 1 D2 INDICATES RIGHT OF WAY DEDICATION PER o ,�r R/W INDEX NO 375 FILE NO. 222 REC'D z I jl ' 40 I 9/20/62. C1 1 D3 INDICATES RIGHT OF WAY DEDICATION PER R/W INDEX NO 375 FILE NO 438 REC'D 0 Ll I 1/26/70. TAHOUITZ CANYON WAY , _ J D4 INDICATES RIGHT OF WAY DEDICATION. RECORDED 10/31/78 AS INS. NO. 229764 �OLPNDSVR TO THE CITY OF PALM SPRINGS. 5 L V1 INDICATES RIGHT OF WAY VACATION ON tV� AR31AND06+.. �1 ANDREAS ROAD BETWEEN INDIAN CANYON U a1AGaNA 0DRIVE AND CALLE ENCIUA PER INS. NO. k No.6232 * 485832 REC'D 12/27/96 u)) Emp 12,31-15 `Q' 9J. R, j AREA TO BE VACATED 1" = 200, FOFCALOI o �tV Engineenng.Planning, In The City Of Palm Springs, CA 1 {� �- •" t� �` i`� i � EnviroManagrmenl5ervcncesand VACATION es OVER PORTIONS RIGHT S OF WAY eYC'C^:YS'. Si'x ' Pz7C=.el CA 92211 TC I)Z);?C1.E_2?Fti^:).%-Ell! CALLS ENCILIA AND ANDREAS POAD 55 ATTACHMENT 4 56 AGUA CALIENTE BAND OF CAHUILLA INDIAM TRIBAL PLANNING & DEVELOPMENT January 19, 2016 Marcus Fuller, MPA, PE, PLS Assistant City Manager/City Engineer CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 RE: Calle Encilia and Andreas Road Right-of-Way Easement Vacations Dear Mr. Fuller. Thank you for meeting with Tribal Staff on November 30, 2015, to discuss the Right-of- Way/Easement Vacation Application submitted by the Tribe on November 5, 2015. As we discussed during the meeting, 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. As a result, public access to the Post Office and the Hilton Hotel will be maintained at all times. Please let me know if you have any questions. Sincerely, Margaret E. Park, AICP Director of Planning & Natural Resources AGUA CAUENTE BAND OF CAHUILLA INDIANS MEP/dm C: Tribal Council Tom Davis, Chief Planning & Development Officer Flinn Fagg, Director of Planning Services, City of Palm Springs 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 57 T 760/69916800 F 760/699/6823 WWW.AGUACALIENTE-NSN.GOV ATTACHMENT 5 58 i F .. F �y wwwwwiiwwww �.��- .: t zi 17 MI Section 14 On-Street Angled Parking Conceptual Design S ,• a 40' B Calle Encilia at Tahquitz Canyon Way SHEEr 1 of 2s v: CONTD ON 3 lj; � l SPA RESORT CAS&O � p� soR'y 'A Rio; Lf�.dRKIiVG ' aE Av�db®as Rd • `t � wr i 1iT'a I,✓a^SCY�'.'T��."'6 ^Y:I(t .. rq�{I!.. :. / . �' VV a� HfLTON PALM SPRINGS .! o w e, SHEET 1 Section 14 On-Street Angled Parking Conceptual Design SC4LE, ,• a 401 IBI Calle Encilia at Andreas Road SHEET 2 of 26 o: c> _ CONYD ON SHEET 2 MATCH t O _ m a � u it` 3 { h Calla M Seg"Watlo - V1xj-Mey r--I Section 14 On-Street Angled Parking Conceptual Design ,• = ao B Calle El Segundo at Andreas Road SHEET 7 or 26 ATTACHMENT 6 62 RESOLUTION NO. 18461 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION FOR THE GENERAL PLAN AMENDMENT, THE ZONING TEXT AMENDMENT AND THE PLANNED DEVELOPMENT DISTRICT (CASE 5.0667 GPA/ZTA/PD-232) FOR THE AGUA CALIENTE INDIAN GAMING FACILITY AND RELATED ACTIONS SUCH AS THE DISPOSITION AND DEVELOPMENT AGREEMENT AND AN OPTION AGREEMENT, WITHIN A TOTAL PROJECT SITE OF APPROXIMATELY 17.25 ACRES, GENERALLY BOUND BY AMADO ROAD, CALLE ALVARADO, ANDREAS ROAD AND INDIAN CANYON DRIVE, R-4-VP, C-2, C- 1AA AND RESORT OVERLAY ZONES, SECTION 14. WHEREAS, the Agua Caliente Band of Cahuilla Indians (Tribe) , in association with Caesars Palm Springs Management Company, Inc. , have submitted an application for and/or requested a General Plan Amendment, a Zoning Text Amendment and a Planned Development District (PD) for an Indian Gaming Facility (gaming facility) for a total square footage of approximately 119, 000 square feet to be built in two phases (phase I would entail up to 75, 000 square feet) ; and WHEREAS, an Environmental Assessment was prepared for the proposed project in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) by the co- lead agencies of the City of Palm Springs and the National Indian Gaming Commission and with the assistance of cooperating agencies - ' the Tribe and the Bureau of Indian Affairs; and WHEREAS, the total project area entails a total acreage of approximately 17.25 acres and the Indian Gaming Facility itself will be located on a 10.3 acre site within the total project boundary, generally bound by Amado Road, Calle El Segundo, Andreas Road and Calle Encilia; and WHEREAS, the General Plan Amendment consists of revisions to the Land Use Element and the General Plan Land Use and Circulation Map, including the following: land use designation changes from High Density Residential (H43/30) and CBD to Resort Commercial (RC) ; relocation of the fire station symbol; textual revisions/clarification to include Indian development standards (as previously approved) , gaming facilities on trust lands of the Agua Caliente Indian Reservation - Tribal lands only, the encouragement of resort hotels and entertainment; the removal of a portion of the secondary thoroughfare, Calle Encilia from Amado Road to Tahquitz Canyon Way from the Land Use and Circulation Map; the removal of the collector street, Andreas Road from Indian Canyon Way to Calle Alvarado from the land use and circulation map; and, minor revisions to various charts; and WHEREAS, the Zoning Text Amendment consists of adding text to allow ' Indian gaming facilities on trust lands of the Ague Caliente Indian Reservation - Tribal lands only - pursuant to the approval of a PD, to permit parking lots in the C-1AA Zone not in conjunction with a permitted use by right of zone and to permit parking lots and parking structures pursuant to a Conditional Use Permit in the R-4 Zone; and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs (Agency) shall consider a Disposition and Development I A 13 63 Res. 18461 Pg. 2 / /,-J11 WHEREAS, an Option Agreement shall be considered by the Agency between the Agency and the Walter Family Trust for project related land transactions; and WHEREAS, the PD entails a gaming facility proposal which will operate 24-hours per day and will include gaming, restaurant and entertainment uses; and WHEREAS, the gaming facility will provide for adequate parking in ' Phase I and will complete an analysis to further refine the parking required for Phase II; and WHEREAS, the proposed General Plan Amendment, Zoning Text Amendment, PD and other related actions discussed in the Environmental Assessment are considered "projects" pursuant to the terms of CEQA and a Mitigated Negative Declaration has been prepared for the project and has been distributed for public review and comment in accordance with CEQA as discussed above; and WHEREAS, the Mitigated Negative Declaration prepared for the project finds that the proposed project will not have a significant negative impact on the environment; and WHEREAS, the Environmental Assessment/ Mitigated Negative Declaration also discusses and analyzes the future vacation of streets adjacent to the gaming facility (Calle Encilia from Amado Road toward Tahquitz Canyon Way and Andreas Road from Indian Canyon Drive to Calls El Segundo) , the relocation of Hilton Hotel tennis courts and parking (currently located within the PD project site) to a portion of a 5.7 acre site located within the total project boundary (the Prairie Schooner :site) and, analyzes the demolition of ancillary parking for the Spa and Hilton Hotels and deems the reduction insignificant pursuant to the approval of an ' Administrative Minor Modification; and WHFREAS, a notice of public hearings of the Planning Commission and the City Council to consider and approve, respectively, the subject applications and the Mitigated Negative Declaration and notice of the CEQA and NEPA public review period for the Environmental Assessment (from August 1, 1994 through August 30, 1994) was mailed out to property owners within 400 feet of the project boundary and other interested parties and was published in the Desert Sun; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report and the environmental data including but not limited to the Environmental Assessment and related comments received as of the date of the public hearing held on August 24, 1994, and voted in favor (4-0; 2 absent) of the project; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report and the environmental data including but not limited to the Environmental Assessment and related comments. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: , Section 1: Pursuant to CEQA, the City Council finds as follows: a. The Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines and the City's CEQA procedures. The City Council has independently reviewed and considered the information contained in the Environmental Assessment/Mitigated Negative Declaration and finds that it 64 Res 18461 Pg 3 adequately discusses the potential significant environmental effects of the proposed project (land use, traffic/circulation, parking, air quality, noise, aesthetics, geology/soils, water quality, drainage, public utilities, socioeconomic, public safety, archaeological/historic resources and light and glare) , and that on the basis of the Environmental Assessment and comments received during the public review process as of this date, and in light of the whole record there will be no adverse environmental effects as a result of the approval of the project because mitigation measures identified in the Environmental Assessment/Mitigated Negative Declaration have been incorporated into the project which mitigate any potential significant environmental effects to point acceptable within the community. The mitigation measures are adopted in the Conditions of Approval of this project as outlined in Exhibit A (as on file in the office of the City Clerk) of the PD Resolution. The City Council further finds that the Environmental Assessment/ Mitigated Negative Declaration reflects its independent judgement. b. The Mitigation Monitoring Program is in compliance with Public Resources Code Section 21081.6 and is required in order to assure compliance with the above referenced mitigation measures during project implementation. These mitigation measures are referenced in the Conditions of Approval of this project as outlined in Exhibit A of the Planned Development District resolution (as on file in the Office of the City Clerk) . c. Pursuant to Fish and Game Code Section 711.4, this project has a de minimis impact on fish and wildlife. ' NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby certifies the Mitigated Negative Declaration (Exhibit A of this Resolution) as in compliance with CEQA for the General Plan Amendment, Zoning Text Amendment (Case 5.0667 GPA/ZTA/PD-232 and other related as referenced above. ADOPTED this 7th day of Sep ember 1994. AYES: Nembers Hodges, Kleindienst, Lyons, P,eller-Spurgin G {1ayor Maryanov NOES: ":one ABSENT: iiona ATTESST:� CS —OF PALM SPRIN , CALIFORNIA Cidy.,Clerk Cit anager REVIEWED AND APPROVED lC�C 65 Res 18461 EXHIBIT A CITY OF PALM SPRINGS CALIFORNIA PO Box 2743,, Palm Springs, CA 92263-2743 Negative beclaration ' (Cal. Admin. Lode Sec. 15083) Case No. : 5.0667-GPA/ZTA/PD-232 Applicant: Agua Caliente Band of Cahuilla Indians/Caesars Palm Springs Management Co. Address: 110 N. Indian Canyon Dr., Palm Springs, CA 92262 PROJECT DESCRIPTI2 General Plan Amendment/Zoning Text Amendment/Planned Development District/Disposition & Development Agreement between the Redevelopment Agency & the Tribe, Option Agreement between the Agency & the Walter Family Trust for an Indian Gaming Facility including land transactions, relocation of Hilton Hotel tennis courts & future street vacations generally bounded by Amado Road/Calle Alvarado/Andreas Road/Indian Canyon Drive. FINQJNG It is found by the Palm Springs City Council that the above described project will not have a significant adverse effect on the environment. REASONING IN SUPPORT OF FINDING There is no evidence before the City that the proposed amendment will have any rotential, significant adverse effect on the environment as shown by the , Environmental Assessment for the project & the record of the hearing on the project. 011MATION MEASURES Refer to the Environmental Assessment for mitigation measures and comments (on file in the Department of Planning & Zoning, City Hall, Palm Springs) . MATE: September 7, 1994 DOUGLAS R. EVANS, Secretary Planning Commission 1 66 ATTACHMENT 7 67 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE ENCILIA BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R15-12, AND APPROVING A DETERMINATION THAT THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED AND CERTIFIED BY RESOLUTION NO. 18461 REMAINS VALID AND THAT NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES: A. The City Council of the City of Palm Springs, California, is authorized by Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California (the "statute"), to vacate and close to public use right-of-way dedicated for public streets, or parts thereof, within the limits of the City. B. Pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for May 4, 2016, for City Council consideration of vacating and closing to public use portions of the public right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo. C. The City Clerk did cause to be published a notice of the public hearing, and did cause to be posted notices of vacation along the line of the subject public rights-of-way, as required by the statute. D. In accordance with Section 8313 of the statute, and California Government Code Section 65402, the proposed vacation and abandonment of portions of the public right- of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo. E. On March 9, 2016, the Planning Commission of the City of Palm Springs adopted Resolution No. 6560 determining that the proposed vacation and abandonment of portions of the public right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo, was in conformance with the Palm Springs General Plan. 69 Resolution No. _ Page 2 F. The City Council did hold a public hearing as required by the statute, and has considered all evidence submitted concerning the portions of the public right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and the portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo, being the vacated areas described on Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, and the need therefore for present and prospective public use. G. In August 1994, pursuant to the California Environmental Quality Act, ("CEQA"), the City Council completed an environmental assessment of the potential environmental impacts resulting from approval for the Agua Caliente Indian Gaming Facility, identified as Case 5.0667 GPA/ZTA/PD-232, which included discussion and analysis of the future vacation of streets adjacent to the gaming facility (Calle Encilia from Amado Road to Tahquitz Canyon Way and Andreas Road from Indian Canyon Drive to Calle El Segundo); a public review period of the environmental assessment was held from August 1 to August 30, 1994. On September 7, 1994, the City Council adopted Resolution No. 18461, certifying the Mitigated Negative Declaration for the Agua Caliente Indian Gaming Facility, (the "MIND"), which considered and included mitigation of potential environmental impacts associated with the future right-of-way vacation of Calle Encilia and Andreas Road. H. The preparation of further environment documentation is not necessary because none of the circumstances triggering further environmental review have occurred since the adoption of the MND: (i) there are no substantial changes in the project requiring major revisions of the MIND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously-identified significant effects; (ii) there are no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions of the MIND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously-identified effects; and (iii) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the MIND was adopted showing that: (a) the project will have one or more significant effects not discussed in the MND; (b) significant effects previously examined will be substantially more severe than shown in the MIND; (c) mitigation measures previously found not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the mitigation measures have not been adopted; or (d) mitigation measures considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the mitigation measures have not been adopted. Accordingly, no further environmental review is required. (Public Resources Code § 21166; Cal. Code Regulations, Title 14, § 15162.) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above findings are all true and correct. 69 Resolution No. Page 3 Section 2. The City Council does hereby find that the portions of the public right-of- way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo, are unnecessary for present or prospective public use. Section 3. Subject to Section 4, the City Council does hereby vacate and abandon all the City's right, title and interest in the portions of the public right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof. Section 4. The City of Palm Springs reserves and excepts from the foregoing vacation a public utility easement to operate and maintain sanitary sewer lines, domestic water lines, natural gas pipelines, communication cables, underground electrical conduits and facilities, and any other facility of any governmental agency or utility corporation existing in, under, or over the vacated area, unless quitclaimed or released by the owner thereof. Access over the vacated area shall be provided to the City and other utility owners as necessary for continued operation and maintenance of existing utilities, until such time as those utilities are removed or relocated as may be approved by the utility owner thereof. Section 5. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County. Upon recordation of this Resolution, the portions of the public right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo, as described and shown on Exhibits "A" and "B", shall be deemed vacated and closed to future public use. Section 6. The City Council hereby determines that the action undertaken by this Resolution vacating and abandoning all of the City's right, title and interest in the portions of the public right-of-way dedicated for Calle Encilia between Amado Road and Tahquitz Canyon Way, and a portion of the public right-of-way dedicated for Andreas Road between Calle Encilia and Calle El Segundo, as described and shown on Exhibits "A" and "B", was previously evaluated by the City Council pursuant to the CEQA Guidelines by an environmental assessment and Mitigated Negative Declaration approved and certified by Resolution No. 18461 adopted on September 7, 1994, and that no further environmental review is required in accordance with Public Resources Code § 21166; Cal. Code Regulations, Title 14, § 15162. Section 7. The City Council hereby approves this action pursuant to the commitment made by the Agua Caliente Band of Cahuilla Indians, as the underlying land owner benefitting from the abandonment of the public rights-of-way for portions of Calle Encilia and Andreas Road, whereby these streets will continue to remain open to the public until no longer needed, with public access to the Post Office and the Hilton Hotel maintained at all times, as evidenced by letter dated January 19, 2016, included as 70 Resolution No. Page 4 Exhibit "C", attached hereto and made a part hereof. ADOPTED this 18th day of May, 2016. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 May 18, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 71 EXHIBIT "A" 72 EXHIBIT"A" R15-12 VACATION OF RIGHT OF WAY OVER PORTIONS OF CALLE ENCILIA N BETWEEN TAHQUITZ CANYON WAY AND AMADO ROAD AND ANDREAS ROAD N BETWEEN CALLS ENCILIA AND CALLE EL SEGUNDO, ALL BEING A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERDIAN, COUNTY OF RIVERSIDE, LOCATED N THE CITY OF PALM SPRINGS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF ANDREAS ROAD AND CALLE ENCILIA OF PARCEL MAP NO. 15314, AS SHOWN BY PARCEL MAP ON FILE N BOOK 86, PAGE 100 OF PARCEL MAPS,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE, SOUTH 00°04'01" EAST, ALONG THE CENTERLINE OF CALLE ENCILIA OF SAID PARCEL MAP A DISTANCE OF 597.70 FEET TO A PONT THAT IS PARALLEL WITH AND OFFSET 60.00 FEET NORTH OF THE CENTERLINE OF TAHQUITZ CANYON WAY OF SAID PARCEL MAP, SAID PONT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID TAHQUITZ CANYON WAY; THENCE, SOUTH 89058'59" WEST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 60.02 FEET TO A PONT ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS NORTH 00001'01" WEST; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90003'00", A DISTANCE OF 31.43 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID PONT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 00004'01" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 577.87 FEET TO AN ANGLE POINT, SAID PONT ALSO BEING ON THE CENTERLINE OF ANDREAS ROAD OF SAID PARCEL MAP; THENCE, NORTH 00004'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 40.00 FEET TO A PONT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID PONT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID ANDREAS ROAD; THENCE, SOUTH 89044'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00 FEET TO A PONT THAT IS PARALLEL WITH AND OFFSET 25.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; i SHEET 1 OF 3 73 EXHIBIT"A' R15-12 THENCE, NORTH 00°04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 133.59 FEET TO AN ANGLE POINT, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 89044'57" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 15.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 00004'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 436.36 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 20 FEET; E THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89040'39", A DISTANCE OF 31.30 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 55.00 FEET SOUTH OF THE CENTERLINE OF AMADO ROAD OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY OF AMADO ROAD; THENCE, SOUTH 89045'04" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 118.70 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS SOUTH 03028'37"EAST; i THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86035'48", A DISTANCE OF 30.23 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET EAST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, SOUTH 00004'25" EAST, ALONG SAID EASTERLY RIGHT OF WAY A DISTANCE OF 549.88 FEET TO A POINT ON A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89040'32", A DISTANCE OF 31.30 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID ANDREAS j ROAD; THENCE, SOUTH 89044'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A J DISTANCE OF 458.30 FEET TO A POINT ON A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20 FEET; SHEET 2 OF 3 74 ____ _. -..... ............- ------ _---_ EXHIBIT "A" R15-12 THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°19'38", A DISTANCE OF 31.53 FEET TO A POINT THAT 1S PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF CALLE EL SEGUNDO OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY SAID CALLE EL SEGUNDO; THENCE, SOUTH 00004'35" EAST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 60.12 FEET TO A POINT ON THE CENTERLINE OF SAID ANDREAS ROAD; i THENCE,NORTH 89°44'57" WEST, ALONG SAID CENTERLINE A DISTANCE OF 538.28 FEET TO THE POINT OF BEGINNING; SAID AREA CONTAINS 92,655 SQUARE FEET OR 2.12 ACRES, MORE OR LESS. I R ARMANDo K WGAKk *,. No.8232 ,.,_ - - N� Egi.1231.17Lk `Q .' '9j�,oFGA4\�OQ= i SHEET 3 OF 3 75 EXHIBIT " B " 76 EXHIBIT 'IB111 _ AMADO ROAD __ R15-_12 —2 — .— LINE TABLE S03'2B'37"E(R) LINE BEARING LENGTH ' D� C2 C3 _ — - - 4D' j L7 (N89'S6'S9"E) 60.02' 40' 69 L2 (NB9'45'04"W) 118.70' 71 40 70 C0- lb I lO L3 (N00174'35"W) 60.12' L4 [N00'04.25"W] 40.00' ; L5 (N89'44'57"W) 15.00' o N oo I L6 [NOO-04'25"W] 133.59- —o o D4-� J a j w CURVE TABLE 1B D1 67 �� 68y IJ CURVE RADIUS DELTA LENGTH LS rj�� 20l r�Ar I Cl 20.00' 90-03.00" 31.43' - 25' 4p;� I I C2 201.00' 89'40'39" 31.30' V1 LS J C4 D7 (N89'44'57"W) D4 {CS) c� C3 20.00' 86'35'48" 30,23' 458 30' \ C4 20.00' 89'40'32" 31.30' a -' (C5) 20.00' 90-19'38" 31.53' N89'44'57"W 538.28' p,O.B, o SURVEYOR NOTES: D2 40' INDICATES RECORD DATA PER PM 86/100 4A 5A 6A [ ] INDICATES RECORD DATA PER PM 20/59 o I D1 INDICATES RIGHT OF WAY DEDICATION. rn RECORDED 11/3/75 AS INS. N0. 136182 - 3 I � TO THE CITY OF PALM SPRINGS. o 3 _ 9n D2 INDICATES RIGHT OF WAY DEDICATION PER R/W INDEX NO 375 FILE NO. 222 REC'D 3 o A I I 9/20/62. 1 o D3 INDICATES RIGHT OF WAY DEDICATION PER P 13 .r 12 j 11 R/W INDEX NO 375 FILE NO 438 REC'D z 40' j 1/26/70. D4 INDICATES RIGHT OF WAY DEDICATION. ` - C" RECORDED 10/31/78 AS INS. NO. 229764 o L1 I I TO THE CITY OF PALM SPRINGS. TAHQUITZ CANYON WAY _JI V1 INDICATES RIGHT OF WAY VACATION ON -�L- ANDREAS ROAD BETWEEN INDIAN CANYON DRIVE AND CALLE ENCIUA PER INS. NO. QDSU 485832 REC'D 12/27/96 U ARMAN00 M. -�AIAGANA O AREA TO BE VACATED, RESERVING AND EXCEPTING A PUBLIC -� ;L ® UTILITY EASEMENT TO OPERATE AND MAINTAIN WATER MAINS 'I No.8232 r * * AND SEWER MAINS, AND VARIOUS PUBLIC UTILITIES. jlkp Exp.12-31-17 -T 1" = 200' FOPCAI-\FO ■r Engineen'ng,P/anning, In The City Of Palm Springs, CA K Ealdronmentaf Sciences and VACATION OF RIGHT OF WAY �\ Management Services OVER PORTIONS OF 40004 Cook St Sulte.4 Palm Desert.CA.92211 Tell.(760)341-61 FU(760)346-6118 CALLE ENCILIA AND ANDREAS ROAD j 77 ._............ .............. .._. EXHIBIT "B211 _ R15-12 L EXIST.' S.D. AMADO RQAD EXIST swR II I r' _ EwsT E �sw 111 1 l' J? �lEXISr wTR T II XIST C&G1-41 IEXIST. CASINO PKN LOT m w - h`�z> � I l I° f 71 w I �� I I, L 40 ` CAL t o x ( .G EXIST SW^" - fj . ,- w l EXIST. C&GGq r ._ e _ L � II N i0 _J x Ill �J l L, IIILFL � lI J N-7.3' — splz '.j EXIST. SW ...3 ; X I EXIST. C&G 1 B x ;I 67 �9 68 w �x .Q ICI EXIST. CASINOI BUILDING Y l ( ZSI l 3I V X •I //� EXIST. SW - ` • EXIST C&G I rf1=11 EXIST. I -�—�. i-. ,T � '. j T� EXIST. FH �Ir T.---EXIST. GAS ANDREAS R AD EXIST. WTR o - —` - EXIST. TV EXIST SWR � SEXIST—ELECT `EXIST SW IT J IEXIST. PKNG, -Of—i EXIST. C&G U 1 I Il SEE E X H I BI T " B3 " Engineedng,Planning, In The City Of Palm Springs, CA DUDEKEnvironmental Sciences and VACATION OF RIGHT OF WAY Management Services OVER PORTIONS OF 40004 Cook St.Su0e.4 Palm Dewy,CA,9411 Tel,(760)341-M Fax 1760)346-6118 CALLE ENCILIA AND ANDREAS ROAD I 78 EXHIBIT 11BY R15-12 SEE EXHIBIT "132" — -- EXIST. GAS ANDREAS ROAD EXIST. WTR EXIST- I EXIST. TV \—EXIST. SWR WTR SEXIST. ELECT. -o Ll- EXIST. SW EXIST PKNG. LOT w ter.. EXIST. C&G I J W X I 5A 6A 4A W r 40' o � 0 " N j EXIST. HILTON BUILDING _ W 0 X U o X W z U W W ~O Z_ J N J Z Q a x X W N to X Q W W � 13 X 12 11 40' EXIST, S.D. TAHQUITZ CANYON WAY - - - - - i In The City Of Palm Springs, CA Environmental Sciences and Englneering,Panning, VACATION OF RIGHT OF WAY ManagementServlces OVER PORTIONS OF {I 40004Cook St.Suite.4 Palm Desaa,CA92211 Tel.(760)34166W Fax(760)346-6118 CALLE ENCILIA AND ANDREAS ROAD 1 79 i EXHIBIT " C " 80 AGUA CALIENTE BAND OF CAHUILLA INDIAM TRIBAL PLANNING & DEVELOPMENT January 19, 2016 Marcus Fuller, MPA, PE, PLS Assistant City Manager/City Engineer CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 RE: Calle Encilia and Andreas Road Right-of-Way Easement Vacations Dear Mr. Fuller. Thank you for meeting with Tribal Staff on November 30, 2015, to discuss the Right-of- Way/Easement Vacation Application submitted by the Tribe on November 5, 2015. As we discussed during the meeting, 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. As a result, public access to the Post Office and the Hilton Hotel will be maintained at all times. Please let me know if you have any questions. Sincerely, -XtA�y Margaret E. Park, AICP Director of Planning & Natural Resources AGUA CALIENTE BAND OF CAHUILLA INDIANS MEP/dm C: Tribal Council Tom Davis, Chief Planning & Development Officer Flinn Fagg, Director of Planning Services, City of Palm Springs 81 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 T 7601699/6800 F 760/699/6823 WWW.AGDACALIENTE-NSN.GOV DCity of Palm Springs Office of the City Clerk 3200 E.Tahquirz Canyon Way • Palm Springs,CA 92262Tel:(760) 323-8204 • Fax:(760)322-8332 • TDD: (760)864-9527 • Web:www.palmspringsca.gov NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the Regular Meeting held on May 4, 2016, the City Council continued Public Hearing Item No. 1.6. to May 18, 2016: CONSIDERATION OF THE VACATION OF PORTIONS OF CALLE ENCILIA RIGHT-OF-WAY BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND A PORTION OF ANDREAS ROAD RIGHT-OF-WAY BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST (FILE R 15-12) AND CEQA DETERMINATION: ACTION: 1) Continue the Public Hearing to May 18, 2016 at the request of the Applicant; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing as required by law. Motion by Mayor Pro Tern Mills, seconded by Councilmember Roberts, and carried on a majority roll call vote (4-0-1, Foat absent). I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 6:00 p.m. on May 5, 2016, as required by established policies and procedures. MES THOMPSON City Clerk /kd h 82 Post Office Box 2743 0 Palm Springs, California 92263-2743 CITY OF PALM SPRINGS PUBLIC NOTIFICATION Date: May 4, 2016 Subject: R 15--12 AFFIDAVIT OF PUBLICATION I, Kathie Hart, MMC, 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 April 27 and May 4, 2016. 11/d1ec`la_re under penalty of perjury that the foregoing is true and correct. )A Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, MMC, 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 April 19, 2016. 1 declare under penalty of perjury that the foregoing is true and correct. L �AY Kathie Hart, MMC Chief Deputy City Clerk 83 AFFIDAVIT OF POSTING NOTICES I, the undersigned, the Senior Engineering Assistant for the Public Works & Engineering Department for the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing (File No. R 15-12), for the vacation of portions of the public right-of-way for Andreas Road between Calle Encilia and Calle El Segundo, and Calle Encilia between Amado Road and Tahquitz Canyon Way, located within the southwest one-quarter, of the northwest one-quarter of Section 14, Township 4 South, Range 4 East, more particularly described and shown in Exhibit "A" and shown in Exhibit "B" (attached), was posted in eight (6) locations (as indicated on Exhibit "B"), on April 19, 2016. A copy of said notice is attached hereto. Felipe rimera Senior Engineering Assistant Department of Public Works & Engineering City of Palm Springs, California 84 EXHIBIT "B': l r & . AMADO ROAD _ _R15-12 (,6CA LON3 C2j /' S0328'37'E(R) LINE TABLEE 03 C3 40 LINE BEARING LENGTH / ' (69 2I O LLLZI ((NNB899''4558''0549'"WE)) 16108.0720' 71 0 70 bs- aO P• L3 N00'04'35"W) 60.12' W] 40.004'25' L4 [N000rvoGa S (N84'44'57'W) 15.00' LQ 'D4 N L6 [NOO'04'25"W]1 133.59' ILU /a Di 67 6$ s !LLJ CURVE TABLE ' 6�AGO "Ia CURVE RADIUS DELTA LENGTH L5 •_25• 7� (4-<,,,� 6 P CI 20.00' 907)3'00"( 31.43' C4 (CS) C2 20.00' 89'40'39" 31.30' 45630' �D4 \ I I C3 20.00' 66'35'48" 30.23' %//��• ' ///, -' C4 20.00' 89'40'32" 31.30' (DI89'44'S7"W) 538.28' (C5) 20 00' 90'19'38" 31 53' p. Y D2 4O' SURVEYOR NOTES: 4 ,b 5A 6A I ( ) INDICATES RECORD DATA PER PM 86/100 o ] INDICATES RECORD DATA PER PM 20/59 1 m DI INDICATES RIGHT OF WAY DEDICATION, RECORDED 11/3/75 AS INS. NO. 135162 TO THE CITY OF PALM SPRINGS. p Yi 02 INDICATES RIGHT OF WAY DEDICATION PER ,Poo ( I J R/W INDEX NO 375 FILE NO. 222 REC'0 c o I 9/20/62. c 13 L4O 2 D3 INDICATES RIGHT OF WAY DEDICATION PER I R/W INDEX NO 375 FILE NO 438 REC'D C1 / 1/26/70, D4 INDICATES RIGHT OF WAY DEDICATION. RECORDED 10/31/78 AS INS. NO. 229764 L1 0 TAHOUITZ CANYON WAY J TO THE C17Y OF PALM SPRINGS. _ —�- V1 INDICATES RIGHT OF WAY VACATION ON ANDREAS ROAD BETWEEN INDIAN CANYON DRIVE AND CALLE ENCIUA PER INS. NO. 485832 REC'D 12/27/96 TED. RESERVING AND EXCEPTING A WATER `I TO OPERATE AND MAINTAIN WATER MAINS. Y 1TION OF SEWER UTILITY EASEMENT 10 FOOT 1" 200' ) ON SEWER LINE (SEE EXHIBITS 82 AND B3) DRIVABLE ACCESS OVER THE SEWER LINE F T 7 Engineelmg,Pfaynny. In The City Of Polm Springs, CA �. Emironmenfatsdemsand VACATION OF RIGHT OF WAY 1•• f1 �: AlanagementSeMcas OVER PORTIONS OF 40MCo I,Sl.Sea2.4Pa'm Desm;.CA87t11"eL(760;)114WFaai7fAI316�6'18 CALLE ENCIUA AND ANDREAS ROAD NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS City File R 15-12 NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a Public Hearing at its meeting on May 4, 2016. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider vacating portions of the public right-of-way for Andreas Road between Calle Encilia and Calle El Segundo, and Calle Encilia between Amado Road and Tahquitz Canyon Way, in accordance with Division 9, Part 3, Chapter 3, Section 8320, of the California Streets and Highways Code, more particularly described and shown on Exhibits "A" and "B", attached hereto and made a part hereof, all in Section 14, Township 4 South, Range 4 East; City File R 15-12; an application made through the City of Palm Springs. COMMENTS: At the hearing, any person may present oral or written testimony. The City Council will consider all objections or protests, if any, to the applications. Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: City of Palm Springs James Thompson, City Clerk 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 Any challenge of the proposed 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 Felipe Primera, Senior Engineering Assistant, Department of Public Works and Engineering, (760) 323-8253, ext. 8742. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera. Telefono: (760) 323-8253, ext. 8742. amen Thompson, City Clerk fj� EXHIBIT"A" R15-12 VACATION OF RIGHT OF WAY OVER PORTIONS OF CALLS ENCILIA IN BETWEEN TAHQUITZ CANYON WAY AND AMADO ROAD AND ANDREAS ROAD IN BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, ALL BEING A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERDIAN, COUNTY OF RIVERSIDE, LOCATED IN THE CITY OF PALM SPRINGS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF ANDREAS ROAD AND CALLE ENCILIA OF PARCEL MAP NO. 15314, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 86, PAGE 100 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE, SOUTH 00004'01" EAST, ALONG THE CENTERLINE OF CALLE ENCILIA OF SAID PARCEL MAP A DISTANCE OF 597.70 FEET TO A POINT THAT 1S PARALLEL WITH AND OFFSET 60.00 FEET NORTH OF THE CENTERLINE OF TAHQUITZ CANYON WAY OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID TAHQUITZ CANYON WAY; THENCE, SOUTH 89°58'59" WEST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 60.02 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS NORTH 0000 I T I" WEST; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90003'00", A DISTANCE OF 31.43 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 00°04'01" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 577.87 FEET TO AN ANGLE POINT, SAID POINT ALSO BEING ON THE CENTERLINE OF ANDREAS ROAD OF SAID PARCEL MAP; THENCE, NORTH 00°04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 40.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID ANDREAS ROAD; THENCE, SOUTH 89°44'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 25.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; SHEET I OF 3 87 EXHIBIT"A" R15-12 THENCE, NORTH 00004'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 133.59 FELT TO AN ANGLE POINT, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 89°44'57" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 15.00 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF SAID CALLE ENCILLIA, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, NORTH 00°04'25" WEST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 436.36 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89040'39", A DISTANCE OF 31.30 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 55.00 FEET SOUTH OF THE CENTERLINE OF AMADO ROAD OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY OF AMADO ROAD; THENCE, SOUTH 89°45'04" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 118.70 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20 FEET TO WHICH A RADIAL BEARS SOUTH 03028'37" EAST; THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86035'48", A DISTANCE OF 30.23 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET EAST OF THE CENTERLINE OF SAID CALLS ENCILLIA, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY OF SAID CALLE ENCILLIA; THENCE, SOUTH 00°04'25" EAST, ALONG SAID EASTERLY RIGHT OF WAY A DISTANCE OF 549.88 FEET TO A POINT ON A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89040'32", A DISTANCE OF 31.30 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET NORTH OF THE CENTERLINE OF SAID ANDREAS ROAD, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF SAID ANDREAS ROAD; THENCE, SOUTH 89°44'57" EAST, ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 458.30 FEET TO A POINT ON A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20 FEET; SHEET 2 OF 3 ;'s 8 1 ) EXHIBIT"A" R15-12 THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90019'38", A DISTANCE OF 31.53 FEET TO A POINT THAT IS PARALLEL WITH AND OFFSET 40.00 FEET WEST OF THE CENTERLINE OF CALLE EL SEGUNDO OF SAID PARCEL MAP, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY SAID CALLE EL SEGUNDO; THENCE, SOUTH 00°04'35" EAST, ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 60.12 FEET TO A POINT ON THE CENTERLINE OF SAID ANDREAS ROAD; THENCE, NORTH 89°44'57"WEST,ALONG SAID CENTERLINE A DISTANCE OF 538.28 FEET TO THE POINT OF BEGINNING; SAID AREA CONTAINS 92,655 SQUARE FEET OR 2.12 ACRES, MORE OR LESS. a�LAND SUR U ARMANDO M. LSO\ MAGMA 53 * No.6232 (P 1231-17 / 9TFOFCA��F�� Lj! Q l�o O,niv"-¢ � ft*ko;� SHEET3OF3 813 EXHIBIT "B1 " AMADO _ ROADRl5-12 T so3ze'37'E(R) LINE TABLE i C2� / C3 — 40• ( L LINE BEARING LENGTH Li (N89'56'59"E) 60.02' 40' !1 6 9 —T 40' - 70 GL 20 lO L2 (N89'45'04"W) 118.70' —.. _ 71 3 AP 061,0 a L3 (N00 04'35"W) 60.12' L4I [NOO.04'25"W] 40..000' L5 *44'57"W) 15.o ( o �ai D4 L6 [NOO 90 oo vai I IJ Z ui 1B ` �% 01 67 e 6$ti 3 J CURVE TABLE `LEI �5 G�hOG I 1¢ CURVE RADIUS DELTA LENGTH LS -25• 2` 0 IU Cl 20.00' 90-03'00" 31.43' (CS) VI 44 C2 20,00' 89'40'39" 31.30' L5 J � �r C4 01 (N89. 'S7"W) D4 ' 458 30' \ 1 C3 20.00' 86.35'48" 30.23' C4 20.00' 89'40'32" 31.30' �j (N89.44'57"W) 538.2W (C5) 20.00' 90.19'38" 31.53' Y/ P.O.B. a D2 f 40' SURVEYOR NOTES: 4A 5A 6A I ( ) INDICATES RECORD DATA PER PM 86/100 ] INDICATES RECORD DATA PER PM 20/59 rn 01 INDICATES RIGHT OF WAY DEDICATION, 3•h Y IJ,�, �� ' I RECORDED 11/3/75 AS INS. NO. 136182 TO THE CITY OF PALM SPRINGS. a - c 02 INDICATES RIGHT OF WAY DEDICATION PER �i rna ::: T 3 X, P I I ( R/W INDEX NO 375 FILE N0. 222 RECO o z '/ 0 v 0 9/20/62. o j 13 'I�` `z-f 12 11 ! D3 INDICATES RIGHT OF WAY DEDICATION PER o i 40' ( R/W INDEX NO 375 FILE NO 438 REC'D z Il / I 1/26/70. C1 ! D4 INDICATES RIGHT OF WAY DEDICATION. RECORDED 10/31/78 AS INS. NO. 229764 R L1 _TAHQUITZ CANYON WAY TO THE CITY OF PALM SPRINGS. T V7 INDICATES RIGHT OF WAY VACATION ON � � �� 1� y�� � � ANDREAS ROAD BETWEEN INDIAN CANYON S0 ARlAANDO Q�DS�QLW DRIVE AND CALLE ENCILIA PER INS. NO. ul (O 1r. 485832 REC'D 12/27/96 UfV= M, �L ` MAGANA AREA TO BE VACATED. RESERVING AND EXCEPTING A WATER No.8232 * / UTILITY EASEMENT TO OPERATE AND MAINTAIN WATER MAINS. �y d1 Exp 12-31-17 Q INDICATES RESERVATION OF SEWER UTILITY EASEMENT 10 FOOT 1" a 200' '-CFCAUFO ® " IN WIDTH CENTERED ON SEWER LINE (SEE EXHIBITS 82 AND 83) WITHIN 24 HOURS DRIVABLE ACCESS OVER THE SEWER LINE IT �;� Engineering,Planning, In The City Of Palm Springs, CA Manlmnmental agemeniServic sand VACATIOV R Pes OOF RTIiONS OFOF WAY [:41.Suite.4 Palm DesW,CA.92211 Tel.(760;341-M Paa(760)346418 CALLE ENCILIA AND ANDREAS ROAD 90 EXHIBIT 1113211 R15-12 �I EXIST. S.D. AMADO ROAD EXIST SWR —� l �' 40� EXiS SW trE%IST. 4YTR 1 EXIST. CASNO PdNG, LIDT 71 m w s 7�j I 69 40, w EXIST, _O w I- PP - TTt �- �— j EXIST C&G VI `[ vi J40'1 J w n Z Q 7.3' ~ < -Q- v. _ EXIST. SW W EXIST. C&G VI 3: x 18 ��x 6 w� �� 67 ++ 68 w x N EXIST, CASINOI BUILDING U a — 23'- ry�EXI T. . W EXIST D FH tf C a ••--.tea �. ..._.` � r'�- i . E!' EXIST GAS —ANDREAS R AD ExsT. w1R o � — v I ��EXIST. TV �L-EXIST. SWR EXIST. ELECT L{'_ IV e -•� =EXIST• SW EXIST 1PKNG lOT y I_ _ EXIST C&C SEE EXHIBIT B3 " INDICATES RESERVATION OF SEWER UTILITY EASMENT 10 FOOT N WIDTH CENTERED ON SEWER LNE t" = 100' WITHIN 24 HOURS DRIVABLE ACCESS OVER THE SEWER LINE tr Engineenng.Planning, In The City Of Palm Springs, CA E4;V!tk' Emimnmentatsciencesand VACATION OF RIGHT OF WAY Management Services OVER PORTIONS OF L Sude.4 Palm Desed,CA.92211 Tel.(760)3414660 FaK(760)346-6118 CALLS ENCILIA AND ANDREAS ROAD 91 EXHIBIT "B3" R15-12 SEE EXHIBIT "82" EXIST GAS ANDREAS ROAD EXIST. WTR EXIST. EX ST. TV FXIST. SWR EXIST. ELECT. c WTR01 r s . _ y 71 EXIST SW EXIST. PKNG. IAT EXIST. C&G w w w W I 5A 6A 4A t 40' f o u o N V ¢ -X!ST. W!TON BUDDING W N X U O x w Z Z W — Ld OJ J z U a vl a �- an W N \ < X W Q W 13 x x I 12 11 w . 40' -EXIST. S.D. C-ETAHOUITZ CANYON WAY �g I INDICATES RESERVATION OF SEWER UTILITY EASMENT 10 FOOT IN WIDTH CENTERED ON SEWER I INF I" = 100' , WITHIN 24 HOURS DRIVABLE ACCESS OVER THE SEWER LINE a, Engineering,Planning, n The City Of Palm Springs, CA MvironmetalSciencsand VACATION OF RIGHT OF WAY ervicesOVER PORTIONS OF 4QMCwk5l,Sui1e.4 Palm DesmK CA 92211 Te4.(760)341.6660 Fu(16 0)3 4 6 611 6 CALLE ENCILIA AND ANDREAS ROAD 92 0 _ W S an Ratan Rd ci E San Rafael Rd c ti O T 0 ttt f, O J y a E Francis Dr o .. N Via Fscueta E Via Escuela 'nbCa" q i Rd , F Vtstfa±Shlno Gmg fdid'J lh W Stevens Rd v > E Chia Rd f ° EPaseoEl Mira dor N O i U Y n F. Tachevah Or ? n^Uth 'C w c z Fi„niti rj n n.:rk E Tamarisk RU z 6 U S y o' W Chino r)r o z E Aleyo Rd - z o }} p l C�rNtn,3!i T +i z N Amado Rd 2 ti z 1 z 1 ) C Andreas Rd E Tahquitz Canyon Wr:; t / E 6arivto Rd u f=jrk E E Ramon Rd E 0 q` U R 15-12 VICINITY MAP NOT TO SCALE 93 r RECEIVED cl-1 Y OF- P A L H SPkvp IhG:; 2016 MAY 18 PM 3-' 45 - A JAMES THOmpswd A T T O R N E Y S CITY CLERK D"E L. BARON REPLY To: baron@sbemp.com Palm Springs,California ADMITTED IN CA May 12, 2016 VIA ELECTRONIC TRANSMISSION John Plata General Counsel Agua Caliente Band of Cahuilla Indians jplata@aguacaliente-nsn.gov Re: GENERAL ISSUES RELATING TO STREET VACATION Dear Mr. Plata: Thanks for taking the time to meet with Aftab and I relative to the issues surrounding the vacation of Andreas and other roadways adjacent to the Hilton Hotel property. We reconfirm our support for not only the vacation of the streets per your request, but your overall project. Mr. Dada will be attending the council meeting next week to voice his support for you application. I also want to note that the Hilton and the Tribe have had a wonderful relationship for decades and we want that mutually beneficial relationship to continue and to grow. In that regard, please accept our various requests herein in the most respectful manner we can address them. And we have done our best to make sure that the requests we are making are fair and reasonable. Per our discussion yesterday, you have asked that we memorialize what was discussed in the meeting in writing so that there is no confusion on what is being requested and you can deal with them point by point. So, here goes. These items are in no particular order of import. 1. We accept the proposal to close a portion of Andreas Road between El Segundo and Calle Encilia. We just want to be certain that our buses and trucks will be able to navigate the turn at the corner, but we all suspect there is enough room with 30 feet of roadway (I think that was the width of what we were told). 2. We request various signage, the cost of which to be provided by the Tribe. We request a Hilton sign (to be backlit) at the corner of Andreas Road and Calle El SLOVAK BARON EMPEY MURPHY & PINKNEY LLP law E.Tahquile Canyon Way 650 Town Center Drive,Ste,1400 103 Ca negle Center Blvd.,Ste.300 2240 5th Avenue Palm Springs,Celifomle 92262 Costa Mesa,Celtf mla 9262e Pnncelon,New Jersey 08640 San Diego,California 92101 Tel.(760)322.2275•Fax(760)322.2107 Tel.(714)435-9692-Fax(714)850-0011 Tel.(609)955-3393•Fax(509)520-8731 Tel.(618)501-4mo www.sbemp.com iBJ 20lL� TEx+ t -A Plata May 12, 2016 Page 2 Segundo and another sign near or at the corner of Tahquitz Canyon and Calle El Segundo. 3. We also request that signage be placed off site at or near the corner of Indian Canyon and Amado so that Hilton customers can find the Hotel during both construction of your project, when Village Fest occurs and Palm Canyon is closed, and for other special events that will be held at the Casino or adjacent thereto. We understand that this request will necessarily involve contact and cooperation from the City of Palm Springs as will some of the other request, and we are prepared to both participate and assist in that effort with the City. 4. That the Tribe take responsibility for notification to Google Maps and the other GPS providers so they have up to date information on the road closures and the correct access points for the Hilton Hotel. 5. As you know, we have a parking requirement as do all businesses. We were required to have in excess of 225 spaces. So, around 2002 the Tribe needed the property that housed the former Plaza Racquet Club. That property had parking and was part of the Hilton land lease. To accommodate the Tribe, the Hilton owners (Walters at the time) agreed to give up that property in exchange for the Tribe to grant, in perpetuity, both an easement and the exclusive rights to 65 parking spaces in the parking lot located closest to the Hilton Hotel Resort property. That agreement, between the Tribe and the Walter Family Partnership (that owned the Hilton Hotel) is dated January 8, 2002 and is attached hereto for your quick reference. I refer you to Section 1(a) which is highlighted. Per the zoning requirement for the City and per the exclusive easement that exists, the Hilton is going to need those dedicated 65 parking spaces. Of course, we are prepared and willing to accommodate the Tribe for any special events that put parking at a premium. 6. Since we do not know the timing of when your project will break ground, we want to confirm that the Hilton wilt still have the ability to utilize the 20-30 parking spaces directly across the street from the Hotel. I think that accurately memorializes the discussion and we await your response and instruction on when to appear and participate with the City to the extent that is needed. Thanks for your consideration and congratulations in advance on this seminal projectl! Very Truly Yours, SBEMP, LLP By: David Baron AGREEMENT FOR PARKING AND ACCESS EASEMENT I THIS EASEMENT AGREEMENT is entered into this n -- day of January, 2002, by the AGUA CALIENTE BAND OF CAHUILLA INDIANS C ACBCI") and WALTER FAMILY PARTNERSHIP, a California limited partnership ("WALTER"). ----RECITALS : A. ACBCI is or will be the owner of that certain real property located in the City of Palm Springs, County of Riverside, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "ACBCI Property"). B. WALTER is the owner of a leasehold interest in that certain real property in the City of Palm Springs, County of Riverside, more particularly described in Exhibit "B" attached hereto and incorporated herein by reference (the "Walter Property"). C. ACBCI is in the process of acquiring the ACBCI Property from WALTER and a portion of the consideration is the agreement to grant parking rights to WALTER. D. WALTER needs to establish the appurtenant easement hereinafter described for the benefit of the WALTER Property and its respective heirs, successors, assigns, grantees, mortgagees and tenants, pursuant to this document (hereinafter called the "Parking Easement"). NOW, THEREFORE, ACBCI and WALTER do hereby agree as follows: 1 .AST (a) ACBCI does h ebyNgrant as appurtenant an >rxclustve easement for the benefit of the -aR 4 .Y ,wk'i �^ '.+k. ' .xcl ,%�.nt f _ it f t-e III Walter Property wluc� h l be a biiden pn the property �4od-easemen�`""�s"�ta��be for the putpose'of ingress and egr ss across the driveways of said Parcel and Sufi„e-W-pot,p include vehicle' Pat.-king for sixty five(65)puldtig':space's in the parlarig-facility constructed on said Property. The sixty-. five,(65)parking spapes� ishhaall be located so-that they are the'closest spaces.to the Hilton Hotel Resort r located on the Walter Property: 2. CONSTRUCTION ACBCI, at its sole cost, will construct and landscape the driveway and parking facilities. 3, REPAIR AND MAINTEN N .R ACBCI shall perform reasonable and adequate maintenance of the driveway and parking facilities to standards customary in first-class commercial parking facilities in the City of Palm Springs. The costs of said maintenance shall be paid in full by ACBCI. wrl1577 arA.WhMTmns.crro ioaxta:sago �� III In the event of a failure by ACBCI or its successors or assigns to perform reasonable and adequate maintenance as required by this Easement, after notice to ACBCI of such default and 60 days being granted within which to cure such default, then WALTER, in addition to any other remedies provided by this Easement or at law or equity, may perform, but shall not be obligated to perform, the obligations of ACBCI and the cost thereof (together with interest at the rate of ten percent (10%) per annum shall be paid to WALTER by ACBCI upon demand. 4. INSURANCE Each party shall be responsible for maintaining adequate public liability and property damage insurance for their own account. 5. REALTY TAXMS AND ASSPSSMENTS If there is a real property tax assessment on the Easement, it shall be paid by WALTER. 6. MISCELLANEO.US PROVISION (a) Each and all of the foregoing covenants, conditions and grant of easement shall apply to and bind both ACBCI and WALTER, and each and all of their respective heirs, successors, assigns, grantees, tenants and subtenants and mortgagees provided that no existing mortgagee of any part of the Property shall be bound by the provisions hereof unless it consents thereto; and the same and each of them are hereby imposed pursuant to a general plan for the use of the driveways and parldng facilities constructed on the ACBCI Property; and the same shall obligate, inure to, and pass with each and every portion thereof, and shall remain in force and effect as hereinafter provided. (b) Breach of any of the covenants or restrictions contained in this Easement shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value; but all of the foregoing provisions, and covenants shall be binding and effective against any lessee of either of the parties hereto, whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. (c) The term "Mortgage," wherever used herein, shall be construed to include beneficiaries and trustees under deeds of trust. (d) All of the provisions of this Easement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. (e) Invalidation of any of the covenants, conditions, restrictions, or other provisions herein contained by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions or provisions hereto and the same shall remain in full force and effect. (0 This Easement shall create privity of contract and estate with and among all owners of any interest in all or any part of the said Property, and their respective heirs, executors, administrators, successors and assigns. In the event of a breach, or attempted or threatened breach by a party hereto or the successor or assignee of such a party or by the owner of any part of said Property in any of the terms, covenants and conditions hereof, any one or all of such owners of said Property shall be entitled to submit such dispute to arbitration under the rules of the American Arbitration Association with all proceedings to be held in the City of Palm Springs. W/11537.3/A•ASMNT/IMS.CT101082/4:54pm 2 (g) The captions heading the various sections of this Easement are for convenience and identification only and shall not be deemed to limit or define the contents of their respective section. (h) In the event that an arbitration proceeding is brought by an owner or the successor or assignee of such a party for the enforcement of this Easement or as a result of any alleged breach thereof, the successful party or parties to such suit shall be entitled to be paid reasonable attorneys' fees by the other party against whom any award is rendered. (i) This Easement shall be perpetual. 0) In the event a request is made to the parties hereto by any lender or beneficiary under any proposed or existing mortgage or deed of trust encumbering portions of the Property for such further documents as may reasonably be required to carry out the intent of this Easement, consent thereto shall not be unreasonably withheld or delayed by the party not involved in the request by said lender or beneficiary. Said party not involved in said request shall be at no expense in this regard. IN WITNESS WHEREOF, this Easement Agreement is executed by the parties hereto the day and year first above written. WALTER FAMILY PARTNERSHIP, A California limited partnership By: WALTER HOTEL CORPORATION Its General rtner By I Yl<nc ct 0 1(2r By I r e THE A CA ENTE BAND OF C S Its Authorized Agent W/11537.3/A�EASMNT/rMS.Cr/01082/4:54pm 3 STATE OF CALIFORNIA ) ss. COUNTY OF LOS,ANGELES {. ) On this_K day of January, 2002, before me TPO d�1 M e'LaYEGL the undersigned, a Notary Public in and for said State, personally appeared kt' rYd ffl. } i jAnayu personally known to me (or proved to me on the basis of satisfactory evidence) to be the person&whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. TFRY;. ivlL L,.RFN Commission# 145 774 9 OTARY LIC Notary Public-Coltfomta £ Riverside County OMYCOmrr.EKPkw Mar2l,4!)(}4 STATE OF CALIFORNIA ) LcsR elca1?f) ss. COUNTY OF RIVEftIDE ) On this tolh day of January, 2002, before me,�atrrcic T,VZulSer� the undersigned, a No Public in and for said State, personally appeared Lance S. alfief on 1 own to m ( ) to be the person whose name is su scnb to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. MKIAL raw sun"34 Qi �a� Q, UCvn F Ln canwr-612012—M NOT AY P LIE �iV�GwnN M'/Cnrnm.E>�ies 7un21,�4 W11153?,31A-PASMK IJMS.CTIOIO82/4:54pm 4 EXHIBIT "A" PARCEL A: PARCEL 2 OF PARCEL MAP NO, IS314, IN THE CITY OF PALM SPRING6r COUNTY OF100 RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN BOOK 86 OF PARCEL MAPS, G r IN TER OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCEL 3 OF PARCEL W NO. 15314, IN ` NS CITY OF PALM SPRINGS, COUNTY OP RIVERSIDE, SlrATE OF CALIFORNIA, ON FILE IN HOOK 86 OF PARCEL MAPS, PAGE 100, IN THE OFFICE OF = COUNTY RECORDER OF SAID COUNTY, EXHIBIT "A" 1 ' EXHIBIT "B" Parcel No. 1 of Parcel Map No. 15314, in the City of Palm Springs, County of Riverside, State of California, as shown by Parcel Map on file in Book 86, Page 100 of Parcel Maps, in the office of the County Recorder of said county, also described as: Blocks 6A, 11, 12 and 5A, Section 14, Township 4 South, Range 4 East, San Bernardino Base and Meridian, being portions of Agua Caliente (Palm Springs) Allotments, PS-15, PS-16, PS-17 and PS- 18, respectively, all of the above land being located in Riverside County, State of California, containing 8.96 acres, more or less, and subject to any prior, valid, existing rights of way. EXHIBIT 'B" y - ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of N\j ers t d pp tSO� On V Q11tt)aP �} 1 2(?OZ before me, hY� P �pN C�DATEI �yn� (NOTARY) personally appeared + SIGNER(S) 2Xpersonally known to me - OR - ❑ pr�aPd—te a nn *I P sis ef�afis€any w ide=T to be the person(sj whose name4 is/ate subscribed to the within instrument and acknowledged to me that he/&k@A @y executed the same in his/ err authorized capacity(i-e-s-), and that by his/het4hei signature(ti) on the instrument the person(s), or the entity upon behalf of which the LYNN AUSON PAJONK person(s) acted, executed the instrument. Comm.lC CALIFORNIA �^ N A HC70.AY PUAUGC0.nty0AN10. YJ RlversiEe County My Comm,Expires Jane A,I'll i1 WITNESS my hand and officialseal. , NOTARY s SIGNATUR"ET OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSONIS)OR ENTITYIIE51 OF E SIGNER 0 APA 5M VALLEY-SIERRA. 80n-362-3369 PGJp� �AUe�r� T0: Andrew Gerth/Midland 0 FAX: 816 435-2326 m of 4 �Q January 10, 2002 Walter Family Partnership Attn: Mr. Affab Dada Hilton Palm Springs Resort 400 E. Tahquitz Canyon Way Palm Springs,CA 92262 Re: Future Parking Structure Dear Mr. Dada: Upon completion of our multi-story parking structure on the former Hilton Parking Lot Property and Plaza Tennis Center(APN's 508-042-008 and—009),the Agua Caliente Band of Cahuilla Indians agrees to provide sixty-five (65)designated parking spaces for the Hilton Palm S st to the Hilton Palm Springs Resort. 5incerel , Ti y ylor Chi crating Officer AGUA CAL.IENTE BAND OF CAHUILLA INDIANS TTT:tm 600 CAST TAHQUITZ CANYON WAY • PALM SPRINGS, CALIFOPNIA 9Q96Q • TEL (760) 395-3400 FAY, (760) 395-0593