HomeMy WebLinkAbout4/6/2016 - STAFF REPORTS - 5.C. �OQ P A LM s'09
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DATE: April 6, 2016 New Business
SUBJECT: APPROVAL OF A CONFORMITY REPORT FOR A PROPOSED
PARKING STRUCTURE ON TRIBAL TRUST LAND CONSISTING OF A
FOUR-LEVEL 850-SPACE PARKING STRUCTURE ON A 2.8 ACRE
PARCEL LOCATED AT THE SOUTHEAST CORNER OF CALLE
ENCILIA AND AMADO ROAD, ZONE RA (RESORT ATTRACTION),
SECTION 14 SPECIFIC PLAN (CASE 5.1390).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The Agua Caliente Band of Cahuilla Indians (Tribe) proposes to develop a new four-
level parking structure with 850 parking spaces on an existing surface parking lot
immediately north of the Spa Resort Casino building.
In accordance with the Agreement for Tribal/City Land Use Coordination ("Agreement'),
Appendix 4 of the Zoning Code, the City has prepared the following Conformity Report
for the project. The City Council may approve the Conformity Report and transmit it to
the Tribe for their consideration pursuant to the Land Use Coordination Agreement, or
request a Joint Meeting with the Tribe to further discuss the project.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY
REPORT FOR A PROPOSED PARKING STRUCTURE ON TRIBAL TRUST
LAND AT THE SOUTHEAST CORNER OF CALLE ENCILIA AND AMADO
ROAD; DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE TRIBAL
COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND
WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL
COUNCIL FOR CASE 5.1390."
ITEM NO.,��—
City Council Staff Report
April 6, 2016-- Page 2
Case No. 5.1390—Calle Encilia Parking Structure Conformity Report
BACKGROUND INFORMATION:
Related Relevant Actions by Planning, Building, Fire, etc.
Staff from the Planning & Natural Resources Division of the Tribe met
02/18/16 with staff from the Department of Planning Services to discuss the
Project Report for the proposed parking structure.
03/16/16 The City Council received and filed an Administrative Analysis for the
roposed parking structure project.
03/23/16 The Tribe submitted a response letter to the Administrative Analysis,
and did not have any comments relative to the analysis.
Site Area
Net Acres 2.8 Acres
Surrounding Existing Land Use Existing General Existing Section 14
Property Per Section 14 Plan Designation Designation
Subject Property Casino Use; Parking TRC (Tourist Resort RA (Resort
Lot Use Commercial) Attraction
North Parking Lot Use TRC (Tourist Resort RA (Resort
Commercial) Attraction
South Hotel Use TRC (Tourist Resort RA (Resort
Commercial) Attraction
East Multifamily HDR (High Density HR (Residential
Residential Use Residential) High)
West Post Office; Parking P/QP (Public/Quasi- RA (Resort
Lot Usepublic) Attraction
PROJECT ANALYSIS:
The Tribe has proposed the construction of a four-level parking structure on the existing
surface parking lot immediately north of the Spa Resort Casino building. The structure
will be approximately 47 feet in height as measured to the top of the wall on the upper
parking deck; the elevator tower on the east side of the building will be 60 feet in height,
as measured to the top of the roof. Solar-ready rooftop shade structures are proposed
for portions of the upper deck of the garage, the highest point of which will be
approximately 53 feet above grade. The structure will utilize a stucco finish to match
the casino building, with decorative screen panels applied to portions of the exterior to
screen the ramps and structure. Landscaping is proposed around perimeter of the
structure, and will feature ground-level shrubs and a combination of Date Palm and
California Fan Palm trees adjacent to the sidewalk and parking structure. Primary
access to the structure will be from Amado Road and Calle El Segundo; access will also
be available internally from the driveway that separates the casino building and the
parking structure.
City Council Staff Report
April 6, 2016-- Page 3
Case No. 5.1390—Cale Encilia Parking Structure Conformity Report
Pursuant to the Section 14 Specific Plan, the foll wing development standards apply:
Standard Required/Allowed Provided Compliance
Max. Floor Area Ratio 1.0 FAR 1.9 FAR N
Max. Building Height 35'; up to 100' with 47'-1" (60'-0" to top Y (with CUP)
CUP of elevator tower
Min. Open Space 40% 27% N
Min. Setbacks
• Front 20' 0'-8" N
• Side (Encilia) 20' 78'-8" Y
• Side (El Segundo) 20' 17'-0" N
• Rear 20' 30'-0" Y
Min. Setback — High-
rise building 141' 102' N
(El Segundo frontage)
Min. Lot Area 2.0 gross acres 2.8 net acres Y
The proposed structure exceeds the Floor Area Ratio (FAR), open space, and certain
setback requirements. While the principal structure is consistent with setback
requirements, the ramp to the upper levels of the garage extends into the front yard
setback along the Amado frontage, and a stair tower encroaches three feet into the
setback along the Calle El Segundo frontage. The height of the structure is permitted
by the Section 14 Specific Plan upon approval of a Conditional Use Permit (CUP).
While the structure does not conform to all development standards of the specific plan,
projects with similar setbacks have been approved by the City through the Planned
Development District process.
Pursuant to the Section 14 Specific Plan, the following design guidelines apply to
oarking structures:
Required Provided Compliance
Sloping floors are not visible from adjacent
Screening of streets due to the use of decorative screens.
undesirable elements Solid walls (45" high) are provided around Y
the perimeter of the structure to minimize
views of light sources and cars.
The parking structure will utilize a stucco
Compatibility with finish and colors that are consistent with the
Principal Structure Spa Resort Casino building. The parking Y
structure is generally compatible with the
hei ht and scale of the casino building.
The structure will utilize decorative
Compatibility with screening, variations in the wall plane, and Y
Adjacent Residential landscaping to address adjacency issues
with the residential development to the east.
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City Council Staff Report
April 6, 2016-- Page 4
Case No. 5.1390—Calle Encilia Parking Structure Conformity Report
Required Provided Compliance
The proposed design includes the use of
Security for Parking open stairwells, increased floor-to-floor Y
Facility Users heights, and shielded lighting as a means to
address security design standards.
The proposed structure is generally consistent with the design guidelines of the Section
14 Specific Plan. Two types of decorative screening are proposed for the exterior of the
structure so as to minimize views of the ramps and the vehicles within the garage.
Exterior materials are generally consistent with the Spa Resort Casino building, and
landscape materials will be provided at the perimeter of the structure to provide a buffer
from the sidewalk. Key areas of the structure will remain open and visible from
surrounding streets so as to address security issues.
In addition to the required development standards and design guidelines listed above,
the Section 14 Specific Plan also outlines circulation and streetscape improvements.
The following streetscape guidelines are identified in the specific plan:
• Amado Road: The specific plan recommends a nine-foot wide parkway (4'
landscape and 5' sidewalk) on Amado Road. The submitted plan depicts a
sidewalk of approximately eight feet in width adjacent to the curb; it is
recommended that the sidewalk be adjusted to conform to the configuration
described in the specific plan. In addition, the plan recommends the addition of
Class II bicycle lanes on Amado Road, which could be considered as part of any
future street improvements.
• Calle Encilia: The plan recommends an eight-foot wide sidewalk along Calle
Encilia, which is shown on the submitted plans. Class II bicycle lanes are also
recommended along Calle Encilia, which could be added with future street
improvements.
• Calle El Segundo: The plan recommends that a five-foot wide sidewalk and four-
foot wide parkway be installed adjacent to the curb along Calle El Segundo; the
plan depicts a sidewalk of approximately eight feet in width and does not include
a parkway between the sidewalk and the street. It is recommended that the plan
be revised along the El Segundo frontage to conform to the recommendations of
the specific plan.
SUGGESTED CONDITIONS OF APPROVAL:
The City has developed a set of suggested conditions for consideration by the Tribe in
its review of the project. These conditions are attached and made a part of this
Conformity Report; they include recommendations for compliance with various City and
State ordinances.
04
City Council Staff Report
April 6, 2016 -- Page 5
Case No. 5.1390—Calle Encilia Parking Structure Conformity Report
LAND USE COORDINATION AGREEMENT:
As previously noted in the Administrative Analysis, the project site is located on Tribal
Trust Land and subject to the Land Use Coordination Agreement established by the
Palm Springs City Council and the Tribal Council. This Agreement recognizes the
Tribe's sovereign authority within the Reservation and provides for City review and
comment on projects proposed on Tribal Trust Property, including the proposed parking
structure site.
Staff reviewed the project in light of the requirements of the Land Use Coordination
Agreement which describes a specific process for review (see attached). The table
below summarizes the timeframe of coordinated review:
Item Timeline Required Timeline
1. Pre-Submittal N/A Februa 19, 2016
2. Submission of Project 90 days prior to Tribal February 19, 2016
Report approval
3. Administrative Review CC review 30 days after March 16, 2016
submission of Item #2
4. Conformity Report CC adopts within 30 days of April 6, 2016
receiving Item #3
5. Joint Meeting City and Tribal Councils May 4, 2016
within 30 days of adopting
Item #4
6. Final Tribal Action 90 days after Item #2 No sooner than
May 19, 2016
Section 7 of the Agreement states that "...with the approval of both parties, any portion
of the foregoing process may be waived if the Project is not deemed significant, if the
Project is found to be conforming, or if due to the exigencies of time the normal process
cannot be accommodated." Since the project is generally consistent with the General
Plan and Section 14 Specific Plan in terms of use and intensity, staff would propose that
a Joint Meeting of the City Council and Tribal Council is unnecessary.
However, if the City Council finds that the proposed design should be modified to
conform completely to setback and open space requirements, a Joint Meeting of the
City Council and Tribal Council may be scheduled. Section 5 of the Agreement states:
"Within thirty (30) days, the Tribal Council and the City Council shall schedule a Joint
Meeting to discuss the Conformity Report and whether any measures should be taken
to make the Project more conforming with the rules, regulations, and ordinances of both
the City and the Tribe." Based on the Agreement, a Joint Meeting would need to be
scheduled by May 4, 2016, to discuss changes to the project. The Agreement notes
that the Tribal Council is free to disregard any or all comments made by the City, and
may approve or modify the project as is deemed appropriate.
05
City Council Staff Report
April 6, 2016 -- Page 6
Case No. 5.1390—Calle Encilia Parking Structure Conformity Report
NOTIFICATION:
Under the Agreement, notification of a project on Tribal Trust land is not required. City
staff mailed notices to property owners within 500 feet of the proposed project on March
23, 2016. The Tribe has also provided notification to surrounding properties as part of
their environmental review process.
CONCLUSION:
The proposed project is generally consistent with the development standards and
design guidelines of the Section 14 Specific Plan, but will require Tribal approval of
waivers or variances from setback requirements, open space requirements, and FAR
limitations. Conditions of approval are suggested for consideration by the Tribe in their
review of this project, and are included as an attachment to this report.
TFlnn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
David H. Ready, D
City Manager
Attachments:
1. Vicinity Map
2. Draft Resolution with Recommended Conditions of Approval
3. Tribal/City Land Use Coordination Agreement
4. Calle Encilia Parking Structure Project Report
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Attachment 1
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CITY OF PALM SPRINGS
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Attachment 2
09
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
CONFORMITY REPORT FOR A PROPOSED PARKING
STRUCTURE ON TRIBAL TRUST LAND AT THE
SOUTHEAST CORNER OF CALLE ENCILIA AND AMADO
ROAD; DIRECTING STAFF TO TRANSMIT SAID REPORT
TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE
BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT
MEETING BETWEEN THE CITY COUNCIL AND TRIBAL
COUNCIL FOR CASE 5.1390.
The City Council of the City of Palm Springs finds:
A. On December 15, 1998, the City Council of the City of Palm Springs and the
Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into a
Land Use Coordination Agreement which provides for City review and comment on
projects outside of the Land Use Agreement of 1977, while retaining the Tribe's final
approval and authority over projects on Tribal Land.
B. On February 3, 1999, the City and the Tribe amended the Land Use Agreement
of 1977 with Supplement No. 5, which exempted all Tribal lands from the Land Use
Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement.
C. Pursuant to Section 8 of said Agreement, the City Council and the Tribal Council
may waive procedural requirements of the Agreement, as follows:
8. Waiver. With the approval of both parties, any part of the foregoing
process may be waived if the Project is not deemed significant or if the
project is found to be conforming, or if due to the exigencies of time the
normal process cannot be accommodated."
D. On February 18, 2016, the Tribe submitted to the City a Project Report for a four-
level parking structure, to be constructed at the southeast corner of Calle Encilia and
Amado Road on 2.8 acres of Tribal Trust land within Section 14.
E. The Project Report was transmitted to the City for review and comment under the
terms of the Agreement, including an Administrative Analysis completed on March 16,
2016, and a Conformity Report reviewed on April 6, 2016.
F. On April 6, 2016, the City Council conducted a public meeting and considered
the matter, including the Project Report, the Conformity Report, and related exhibits.
G. The City Council has concluded that the proposed parking structure project is
generally consistent with the goals and objectives of the Section 14 Specific Plan and
the City of Palm Springs General Plan, such that it is "not deemed significant under the
10
Resolution No. _
Page 2
terms of the Agreement and such that certain procedures may be waived under Section
7 of the Agreement."
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The Conformity Report, dated April 6, 2016, including the
suggested conditions contained in Exhibit "A" attached and made a part thereto, is
hereby approved and staff is directed to transmit the Conformity Report to the Tribe.
SECTION 2. The following requirement for a joint meeting of the City Council
and the Tribal Council to discuss the project (Case No. 5.1390), as outlined in the
Agreement for Tribal/City Land Use Coordination on Certain Parcels, is hereby waived:
Section 5. Joint Meeting.
"...Within thirty (30) days (of the City Council's adoption of the Conformity
Report), the Tribal Council and the City Council shall schedule a Joint
Meeting to discuss the Conformity Report and whether any measures
should be taken to make the project more conforming with the rules,
regulations, and ordinance of both the City and the Tribe."
ADOPTED THIS 6TH DAY OF APRIL, 2016.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
31
Resolution No.
Page 3
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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
1.2
RESOLUTION NO.
EXHIBIT A
Case No. 5.1390 — Conformity Report
Southeast Corner of Calle Encilia and Amado Road
April 6, 2016
CONDITIONS OF APPROVAL
The recommended conditions below are provided by the Director of Planning Services,
the Director of Building and Safety, the Fire Chief, and the City Engineer or their
designee, depending on which department recommended the condition.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. It is recommended that an exterior lighting
plan, including a photometric site plan showing the project's conformance with
Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning
ordinance, be submitted for approval by the Department of Planning or Tribal
Planning Department prior to issuance of a building permit. Manufacturer's
cut sheets of all exterior lighting on the building and in the landscaping shall
be included. If lights are proposed to be mounted on buildings, down-lights
shall be utilized.
PLN 2. Water Efficient Landscaping Conformance. It is recommended that the
project conform to the City's Water Efficient Landscape Ordinance (Chapter
8.60.00) of the Palm Springs Municipal Code and all other water efficient
landscape ordinances. It is recommended that landscape plans be approved
by the Riverside County Agricultural Commissioner's Office.
PLN 3. Exterior Alarms & Audio Systems. It is recommended that no sirens, outside
paging or any type of signalization be permitted, except approved alarm
systems.
PLN 4. Bicycle Parking. It is recommended that the project provide secure bicycle
parking facilities on site for use by patrons and employees.
PLN 5. Streetscape Standards. It is recommended that the streetscape treatment
along the Amado Road and Calle El Segundo frontages be revised to
conform to the standards contained in the Section 14 Specific Plan.
1 3'1
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1. It is recommended that any improvements within the public right-of-way
require a City of Palm Springs Encroachment Permit. All improvements
are subject to inspection and a 24 to 48 hour inspection notification is
required.
ENG 2. It is recommended that Agua Caliente Band of Cahuilla Indians (ACBCI)
submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits.
ENG 3. It is recommended that master planned roadways (Amado Road, Calle El
Segundo, and Calle Encilia) shall be improved to the Final Section 14
Master Development Plan/Specific Plan design standards on and adjacent
to the site, as generally identified herein, or to alternative design standards
proposed by the applicant and approved by the City.
ENG 4. It is recommended that upon completion of required improvements by the
applicant, the applicant shall prepare and submit to the Bureau of Indian
Affairs an Affidavit of Completion in accordance with Section 169.16, Title
25, of the Code of Federal Regulations, for the Public Improvements
constructed by the applicant. A copy of the Affidavit of Completion shall be
provided to the City Engineer prior to final acceptance of the project,
including issuance of a final certificate of occupancy. The applicant shall
be responsible for obtaining the necessary form for the Affidavit of
Completion from the Palm Springs Agency of the Bureau of Indian Affairs,
and for having it completed as necessary by the applicant's Engineer of
Record.
AMADO ROAD
ENG 5. It is recommended that a 30' feet wide driveway approach be constructed
in accordance with City of Palm Springs Standard Drawing No. 205.
ENG 6. It is recommended that a Type "A" curb ramp be constructed meeting
current California State Accessibility standards on each side of the
proposed driveway location in accordance with City of Palm Springs
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Standard Drawing No. 212. The applicant shall ensure that an appropriate
path of travel, meeting ADA guidelines, is provided across the driveway,
and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to the approval of the City Engineer. If necessary,
additional pedestrian and sidewalk easements shall be provided on-site to
construct a path of travel meeting ADA guidelines.
ENG 7. It is recommended that Agua Caliente Band of Cahuilla Indians (ACBCI)
remove and replace existing asphalt concrete pavement, curb, gutter and
sidewalk as necessary, in accordance with applicable City standards.
ENG 8. It is recommended that all broken or off grade street improvements along
the project frontage shall be repaired or replaced.
CALLE EL SEGUNDO
ENG 9. It is recommended that two (2) driveway approaches be constructed in
accordance with City of Palm Springs Standard Drawing No. 205.
ENG 10. It is recommended that a Type "A" curb ramp be constructed meeting
current California State Accessibility standards on each side of the
proposed driveway locations in accordance with City of Palm Springs
Standard Drawing No. 212. The applicant shall ensure that an appropriate
path of travel, meeting ADA guidelines, is provided across the driveway,
and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to the approval of the City Engineer. If necessary,
additional pedestrian and sidewalk easements shall be provided on-site to
construct a path of travel meeting ADA guidelines.
ENG 11. It is recommended that Agua Caliente Band of Cahuilla Indians (ACBCI)
remove and replace existing asphalt concrete pavement, curb, gutter and
sidewalk as necessary, in accordance with applicable City standards.
ENG 12. It is recommended that all broken or off grade street improvements along
the project frontage shall be repaired or replaced.
CALLE ENCILIA
ENG 13. It is recommended that a driveway approach be constructed in
accordance with City of Palm Springs Standard Drawing No. 205.
ENG 14. It is recommended that a Type "A" curb ramp be constructed meeting
current California State Accessibility standards on each side of the
proposed driveway location in accordance with City of Palm Springs
Standard Drawing No. 212. The applicant shall ensure that an appropriate
path of travel, meeting ADA guidelines, is provided across the driveway,
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and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to the approval of the City Engineer. If necessary,
additional pedestrian and sidewalk easements shall be provided on-site to
construct a path of travel meeting ADA guidelines.
ENG 15. It is recommended that Agua Caliente Band of Cahuilla Indians (ACBCI)
remove and replace existing asphalt concrete pavement, curb, gutter and
sidewalk as necessary, in accordance with applicable City standards.
ENG 16. It is recommended that all broken or off grade street improvements along
the project frontage shall be repaired or replaced.
ON-SITE
ENG 17. It is recommended that on-site bay parking in commercial zones, paving
material shall be decorative paving, colored and/or patterned to relate to
the overall design in accordance with Zoning Code 93.06.00.C.15.e.
ENG 18. It is recommended that the minimum pavement section for all on-
site pavement (specify drive aisles, parking spaces, etc.) shall be 2-
1/2 inches asphalt concrete pavement over 4 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from
the project site and submitted to the City Engineer for approval.
ENG 19. It is recommended that a clearly designated pedestrian walkway of
adequate width shall be provided to centralize a location for
pedestrians entering or leaving the parking areas. A pedestrian
walkway shall be designated along the west and south sides of the
ground floor parking level. Traffic signage, lighting, pavement
markings, and/or other visual cues shall be incorporated in the
design of the ground floor parking level to support the use of the
walkway by pedestrians and alert vehicles of the potential for
crossing pedestrians.
GRADING
ENG 20. It is recommended that a Precise Grading Plan prepared by a California
registered Civil engineer be submitted to the Agua Caliente Band of
Cahuilla Indians (ACBCI) Engineering Division for review and approval. It
is recommended that the Grading Plan be approved by the Agua Caliente
Band of Cahuilla Indians (ACBCI) prior to issuance of grading permit.
4 - 16
ENG 21. It is recommended that a Notice of Intent (NOI) to comply with the
California General Construction Stormwater Permit (Water Quality Order
2009-0009-DWQ as modified September 2, 2009) is required for the
proposed development via the California Regional Water Quality Control
Board online SMARTS system. A copy of the executed letter issuing a
Waste Discharge Identification (WDID) number shall be provided to the
City Engineer prior to issuance of a grading or building permit.
ENG 22. It is recommended that A Geotechnical/Soils Report prepared by a
California registered Geotechnical Engineer shall be required for and
incorporated as an integral part of the grading plan for the proposed
development. A copy of the Geotechnical/Soils Report shall be submitted
to the Agua Caliente Band of Cahuilla Indians (ACBCI) Engineering
Division with the first submittal of a grading plan.
ENG 23. It is recommended that the applicant provide all necessary
geotechnical/soils inspections and testing in accordance with the
Geotechnical/Soils Report prepared for the project. All backfill,
compaction, and other earthwork shown on the approved grading plan
shall be certified by a California registered geotechnical or civil engineer,
certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. It is recommended that
no certificate of occupancy be issued until the required certification is
provided to the Agua Caliente Band of Cahuilla Indians (ACBCI).
ENG 24. It is recommended that in cooperation with the Riverside County
Agricultural Commissioner and the California Department of Food and
Agriculture Red Imported Fire Ant Project, applicants for grading permits
involving a grading plan and involving the export of soil will be required to
present a clearance document from a Department of Food and Agriculture
representative in the form of an approved "Notification of Intent To Move
Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan
(if required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
ENG 25. It is recommended that a mylar copy of the approved Grading Plan be
provided to the City Engineering Division for the City's information, use
and files.
WATER QUALITY MANAGEMENT PLAN
ENG 26. It is recommended that this project shall be required to install measures in
accordance with applicable National Pollution Discharge Elimination
System (NPDES) Best Management Practices (BMP's) included as part of
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the NPDES Permit issued for the Whitewater River Region from the
Colorado River Basin Regional Water Quality Control Board (RWQCB).
The applicant is advised that installation of BMP's, including mechanical
or other means for pre-treating contaminated stormwater and non-
stormwater runoff, shall be required by regulations imposed by the
RWQCB. It shall be the applicant's responsibility to design and install
appropriate BMP's, in accordance with the NPDES Permit, that effectively
intercept and pre-treat contaminated stormwater and non-stormwater
runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City
Engineer and the RWQCB. Such measures shall be designed and
installed on-site; and provisions for perpetual maintenance of the
measures shall be provided to the satisfaction of the City Engineer,
including provisions in Covenants, Conditions, and Restrictions (CC&R's)
required for the development (if any).
ENG 27. It is recommended that a Final Project-Specific Water Quality
Management Plan (WQMP) shall be submitted to and approved by the
City Engineer prior to issuance of a grading or building permit. The WQMP
shall address the implementation of operational Best Management
Practices (BMP's) necessary to accommodate nuisance water and storm
water runoff from the site. Direct release of nuisance water to the
adjacent property (or public streets) is prohibited. Construction of
operational BMP's shall be incorporated into the Precise Grading and
Paving Plan.
ENG 28. It is recommended that prior to issuance of certificate of occupancy or
final City approvals (OR of "final" approval by City), the applicant shall: (a)
demonstrate that all structural BMP's have been constructed and installed
in conformance with approved plans and specifications; (b) demonstrate
that applicant is prepared to implement all non-structural BMP's included
in the approved Final Project-Specific WQMP, conditions of approval, or
grading/building permit conditions; and (c) demonstrate that an adequate
number of copies of the approved Final Project-Specific WQMP are
available for the future owners (where applicable).
DRAINAGE
ENG 29. It is recommended that all stormwater runoff across the property shall be
accepted and conveyed in a manner acceptable to the City Engineer and
released to an approved drainage system. Stormwater runoff may not be
released directly to the adjacent streets without first intercepting and
treating with approved Best Management Practices (BMPs).
ENG 30. It is recommended that this project shall be required to install measures in
accordance with applicable National Pollution Discharge Elimination
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System (NPDES) Best Management Practices (BMP's) included as part of
the NPDES Permit issued for the Whitewater River Region from the
Colorado River Basin Regional Water Quality Control Board (RWQCB).
The applicant is advised that installation of BMP's, including mechanical
or other means for pre-treating contaminated stormwater and non-
stormwater runoff, shall be required by regulations imposed by the
RWQCB. It shall be the applicant's responsibility to design and install
appropriate BMP's, in accordance with the NPDES Permit, that effectively
intercept and pre-treat contaminated stormwater and non-stormwater
runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City
Engineer and the RWQCB. Such measures shall be designed and
installed on-site; and provisions for perpetual maintenance of the
measures shall be provided to the satisfaction of the City Engineer,
including provisions in Covenants, Conditions, and Restrictions (CC&R's)
required for the development.
ENG 31. It is recommended that all on-site storm drain systems shall be privately
maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI).
Provisions for maintenance of the on-site storm drain systems acceptable
to the City Engineer shall be included in Covenants, Conditions and
Restrictions (CC&R's) required for this project.
GENERAL
ENG 32. It is recommended that any utility trenches or other excavations within
existing asphalt concrete pavement of off-site streets required by the
proposed development shall be backfilled and repaired in accordance
with City of Palm Springs Standard Drawing No. 115. The developer
shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets as required by
and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for
utilities installed for the benefit of the proposed development (i.e.
Desert Water Agency, Southern California Edison, Southern California
Gas Company, Time Warner, Verizon, Mission Springs Water District,
etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off-site streets required by the
proposed development may require complete grinding and asphalt
concrete overlay of the affected off-site streets, at the discretion of the
City Engineer. The pavement condition of the existing off-site streets
shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 33. It is recommended that all proposed utility lines shall be installed
underground.
7 i9
ENG 34. It is recommended that nothing shall be constructed or planted in the
corner cut-off area of any (intersection or) driveway which does or will
exceed the height required to maintain an appropriate sight distance
per City of Palm Springs Zoning Code Section 93.02.00, D.
ENG 35. It is recommended that all proposed trees within the public right-of-way
and within 10 feet of the public sidewalk and/or curb shall have City
approved deep root barriers installed in accordance with City of Palm
Springs Standard Drawing No. 904.
MAP
ENG 36. It is recommended that the existing parcels identified as APN
(assessor's parcel number) 508-042-008, 508-042-010 shall be
merged. An application for a parcel merger shall be submitted to the
Engineering Division for review and approval. A copy of a current title
report and copies of record documents shall be submitted with the
application for the parcel merger. The application shall be submitted to
and approved by the City Engineer prior to issuance of building permit.
TRAFFIC
ENG 37. It is recommended that a minimum of 48 inches of clearance for
accessibility shall be provided on public sidewalks or pedestrian paths
of travel within the development.
ENG 38. It is recommended that all damaged, destroyed, or modified pavement
legends, traffic control devices, signing, striping, and street lights,
associated with the proposed development shall be replaced as
required by the City Engineer prior to issuance of a Certificate of
Occupancy.
ENG 39. It is recommended that stop signs, stop bars, and "STOP" legends be
installed for traffic exiting the development in accordance with City of
Palm Springs Standard Drawing Nos. 620-625 and the California
Manual on Uniform Traffic Control Devices (CAMUTCD), dated
November 7, 2014, or subsequent editions in force at the time of
construction, as required by the City Engineer.
ENG 40, It is recommended that construction signing, lighting and barricading
shall be provided during all phases of construction as required by City
Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance
with Part 6 "Temporary Traffic Control" of the California Manual on
8 20
Uniform Traffic Control Devices (CAMUTCD), dated November 7,
2014, or subsequent editions in force at the time of construction.
FIRE DEPARTMENT CONDITIONS
FID 1. Fire Department Recommendations were based on the 2013 California Fire
Code as adopted by City of Palm Springs, Palm Springs Municipal Code and
latest adopted NFPA Standards.
FID 2. Fire Apparatus Access Road (CFC 202 Definitions) — A road that provides
fire apparatus access from a fire station to a facility, building or portion
thereof. This is a general term inclusive of all other terms such as fire lane,
public street, private street, parking lot lane and access roadway.
Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet (for designated fire lanes) except
for approved security gates in accordance with Section 503.6 and an
unobstructed vertical clearance of not less than 13 feet 6 inches.
FID 3. Aerial Fire Access Roads (CFC Appendix D105.1): Buildings or portions of
buildings or facilities exceeding 30 feet in height above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus
access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire
apparatus access roadway.
Aerial Fire Access Road Width (CFC Appendix D105.2): Fire apparatus
access roads shall have a minimum unobstructed width of 26 feet, exclusive
of shoulders, in the immediate vicinity of any building or portion of building
more than 30 feet in height.
Aerial Access Proximity to Building (CFC Appendix D105.3): At least one
of the required access routes for buildings or facility exceeding 30 feet in
height above the lowest level of fire department vehicle access shall be
located within a minimum of 15 feet and a maximum of 30 feet from the
building and shall be positioned parallel to one entire side of the building.
FID 4. Required Water Supply (CFC 507.1): An approved water supply capable of
supplying the required fire flow for fire protection shall be provided to
premises upon which facilities, buildings or portions of buildings are hereafter
constructed or moved into or within the jurisdiction.
FID 5. Location of Class I standpipe hose connections (CFC 905.4):
Class I standpipe hose connections shall be provided in all of the following
locations:
9 21
1. In every required stairway, a hose connection shall be provided for each
floor level above or below grade. Hose connections shall be located at an
intermediate floor level landing between floors, unless otherwise approved
by the fire code official. See Section 909.20.3.2 for additional provisions in
smoke-proof enclosures.
2. On each side of the wall adjacent to the exit opening of a horizontal exit.
Exception: Where floor areas adjacent to a horizontal exit are reachable
from exit stairway hose connections by a nozzle attached to 100 feet (30
480 mm) of hose, as measured along the path of travel, a hose connection
shall not be required at the horizontal exit.
3. In every exit passageway, at the entrance from the exit passageway to
other areas of a building.
Exception: Where floor areas adjacent to an exit passageway are
reachable from exit stairway hose connections by a 30-foot (9144 mm)
hose stream from a nozzle attached to 100 feet (30 480 mm) of hose, a
hose connection shall not be required at the entrance from the exit
passageway to other areas of the building.
4. N/A
5. Where the roof has a slope less than four units vertical in 12 units
horizontal (33.3-percent slope), a hose connection shall be located to
serve the roof or at the highest landing of a stairway with stair access to
the roof provided in accordance with Section 1009.16.
6. Where the most remote portion of a non-sprinklered floor or story is more
than 150 feet (45 720 mm) from a hose connection or the most remote
portion of a sprinklered floor or story is more than 150 feet (45 720 mm)
from a hose connection, the fire code official is authorized to require that
additional hose connections be provided in approved locations. The
distances from a hose connection shall be measured along the path of
travel.
FID 6. New Elevator (CBC Chapter 30): The new elevator shall comply with
Chapter 30 of the CBC.
Elevator Emergency Operation (CFC 607.1): Existing elevators with a travel
distance of 25 feet or more shall comply with the requirements in Chapter 46.
New elevators shall be provided with Phase I emergency recall operation and
Phase II emergency in-car operation in accordance with California Code of
Regulations, Title 8, Division 1, Chapter 4, Subchapter 6, Elevator Safety
Orders and NFPA 72.
10 22
FID 7. Fire Extinguisher Requirements (CFC 906): Provide one (1) 2A-10B:C
portable fire extinguisher for every 75 feet of floor or grade travel distance for
normal hazards. Show proposed extinguisher locations on the plans.
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet
above floor level. Preferred location is in the path of exit travel or near an exit
door.
END OF CONDITIONS
11 23
Attachment 3
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3/30/2016 APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAUCITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT#1324A R19450,1-6-...
Paint Springs Municipal Code
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ZONING CODE
ZONING CODE APPENDICES
APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAL/CITY LAND COORDINATION ON CERTAIN
PARCELS AGREEMENT#1324A R19450, 1-6-99
THIS AGREEMENT FOR TRIBAL CITY LAND USE REVIEW ON CERTAIN PARCELS
("Agreement") is made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF
CAHUILLA INDIANS, acting through its Tribal. Council (the "Tribe"), and the CITY OF PALM SPRINGS,
CALIFORNIA, acting through its City Council, a municipal corporation (the City). This Agreement is made
with reference to the following:
RECITALS:
A. WHEREAS, the Tribe is a federally recognized Indian tribe which exercises its sovereign authority over
the lands of the Agua Caliente Indian Reservation according to a constitution approved by the Commissioner of
Indian Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the
boundaries of federal Indian reservation; and
B. WHEREAS, the city of Palm Springs is a charter city, possessing lull powers with respect to municipal
affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its
Charter and State law. The trust land of the Agua Caliente Indian Reservation are interspersed in a
checkerboard pattern within that portion of the City located within the Reservation; and
C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use
and development of all lands of the Agua Caliente Indian Reservation to their highest and best use consistent
with principles of sound planning and the sovereignty of the tribe; and
D. WHEREAS, on July 26, 1977. the Tribe and the City entered into that certain Agreement No. 1324
(hereinafter the "Land Use Agreement"), adopted by city Council Resolution No, 12298, Pursuant to that
Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust
lands would initially be processed through the City, with the City collecting its normal fees and charges. Any
party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to
appeal any action of the City to the Tribal Council with the Tribal Council having the ability, following a noticed
hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust
Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the
Indian Planning Commission, as well as applicable federal and tribal law; and
E. WHEREAS, the Land Use Agreement has been amended from lime to time, by Supplements 2, 3, and 4,
and most recently by Supplement No. 5. which would exempt all land acquired by the Tribe from regulation by
the City, including: Application of all laws, ordinances, and codes; application of all fees, including drainage,
sewer, school, Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into
trust by the United States for the tribe would exempt such property from regular City taxes such as property
taxes, sales taxes, transient occupancy taxes, and others; and
F. WHEREAS, the Tribe has generally supported development consistent with the City's General Plan and
other ordinances and regulations but has the authority to adopt its own land use plan and policies; and
G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust
Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an
expedited process for City review and comment on said projects. The Tribe is willing to consider such review
and comment if given in a timely manner. The City believes that the opportunity to provide review and comment,
but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding
development and to assure that the City's and the Tribe's normal development standards are maintained insofar
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as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-
Tribal land should make a fairshare contribution in exaction, fees or other consideration to pay for the burdens
imposed by the development on the City or for the benefits received by the development from the City.
IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Pre-Submittal.
Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where
feasible, will consult with the City to determine the scope and significance of the Project and its appropriate
level of review. This consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal
Planning Department and City Department of Planning and Building.
2. Submission of Report.
When any new development or substantial expansion or renovation of a project is proposed on land located
within the Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of
the project including preliminary or schematic design, the Tribe shall submit to the City a report on the Project
("Project Report"). As used herein, "Reservation" means those lands whose legal description is set forth in
Exhibit A hereto. The Project Report shall include a description of the Project, the preliminary or schematic
plans and drawings for the Project, environmental documents per NEPA, if any, or any equivalent Tribal
document, an analysis of the compatibility of the proposed Project with the City's and the Tribe's development
standards, an analysis of the fiscal impact of the Project and a statement identifying any manner in which the
Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of
the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem reasonable or
necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in accordance with
applicable federal and Tribal law. The level of detail provided in the Project Report should be as follows: if a
minor project, then similar to the level of detail normally required by the City for architectural review; if a major
project, then similar to the level of detail which would be required by the City for Planned Development District
permit. The determination of whether a project is major or minor shall require the agreement of the chief staff
planning official of each party but, in the event of a disagreement, the opinion of the Tribe's planning official
shall govern. It is the intent of the parties that this process be undertaken, not at the point at which the land is
acquired by the Tribe, but when development is contemplated, and when the development is contemplated, and
when the development can be described and its impacts forecast.
3. Administrative Review.
Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate
departments, including Police, Fire, Finance, Public Works, Planning and Building and such other departments as
the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so
forth. It shall be the purpose of this administrative review to determine how well the Project conforms with the
City's existing rules and regulations; any health and safety, or welfare concerns; the adequacy of police and fire
safety services, and other services of the city necessary for the Project; compatibility of the project with
surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to
determine whether the Project will pay the normal City fees, taxes charges, and assessments; to the extent that
any of such revenues will not accrue to the city, what will be the resulting financial impact therefrom; what
other direct and indirect financial impacts, negative or positive, will result and what the overall economic impact
will be of the Project on the city. Within thirty (30) days of the City Manager's receipt of the Report from the
Tribe, the City shall prepare the "Administrative Analysis" of the foregoing information and shall submit the
Administrative Analysis to the City Council for its review and approval.
4. City Council Conformity Report.
The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the
City Council's Conformity Report ("Conformity Report"). The Conformity Report shall be adopted by the City
Council at a public meeting. At the same time that the City Manager submits the Administrative Report to the
City Council, a copy of the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare
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its comments on the Administrative Analysis for submission to the City Council to be considered at the time the
City Council determines the Conformity Report. The Conformity Report shall contain the same subject matter as
the Administrative Analysis.
5. Joint Meeting.
Upon the City Council's adoption of the Conformity Report, the Project Report shall be immediately submitted to
the Tribal Council. Within thirty(30)days, the Tribal Council and the City Council shall schedule a Joint Meeting
to discuss the Conformity Report and whether any measures should be taken to make the Project more
conforming with the rules, regulations, and ordinances of both the City and the Tribe.
6. Final Tribal Action.
At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its
Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard
any or all comments in the Conformity Report or otherwise made by the City Council and may approve or modify
the Project in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that
the Tribal Council retains full and complete sovereignty to administer Tribal lands in accordance with the
Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with
the consultation process in which the City is being given the opportunity to review and comment on certain
projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make final
decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal
law.
7. Waiver.
With the approval of both parties, any portion of the foregoing process may be waived if the Project is not
deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal
process cannot be accommodated.
8. Amendments.
This Agreement maybe amended by mutual agreement by the parties, provided that neither party may terminate
this Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to
the other party.
9. Approval.
This Agreement shall be approved by Resolutions of the Tribal Council and the City Council.
10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe.
This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the
Tribe may have over the use or development of parcels of land located within the Reservation, which are owned
in fee by parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction
over such parcels.
11. Lands Located Outside Reservation.
The parties recognize that federal law provides to the City notice and an opportunity to express its views on the
subject of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within
the city limits of the City in 25 CFR. § 151.11(d), as well as time in which to challenge such a proposed action
before it occurs, in 25 C.R.F. § 151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease
in any way the jurisdiction that either the City or the Tribe may have over the use or development of such
parcels of land. The parties recognize that federal law already allocates such jurisdiction over such parcels.
IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized
officers on the day and year first above written.
CITY OF PALM SPRINGS, CALIFORNIA
a municipal corporation. 27
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3/30/2016 APPENDIX 4 AGREEMENT FOR TRIBAL CITY TRIBAUCITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT#1324A R19450. 1-6-...
Will Kleindienst, Mayor
Attest:
Judith Sumich, City Clerk
Approved as to form:
David Aleshire, City Attorney
Approved by the City Council
By Res. No. 19450, 1-6-99, A1324-A
AGUA CALIENTE BAND OF CAHUILLA INDIANS,
a federally-recognized Indian tribe
By:
Richard M. Milanovich, Chairman
Approved as to form:
Art Bunce, Tribal Attorney
View the mobile version.
28
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Attachment 4
29
CALLE ENCILIA PARKING STRUCTURE
PROJECT REPORT
a
Prepared by:
Planning & Development Department
AGUA CALIENTE BAND OF CAHUILLA INDIANS
5401 Dinah Shore Drive
Palm Springs, CA 92264
February 16, 2016
30
TABLE OF CONTENTS
Sections
I. INTRODUCTION.....................................................................................................................1
II. EXISTING CONDITIONS........................................................................................................2
III. STATEMENT OF PROJECT......................................................................................................2
IV. ARCHITECTURAL AND LANDSCAPE CONCEPT...................................................................5
V. ENVIRONMENTAL ANALYSIS................................................................................................5
VI. FISCAL IMPACT ANALYSIS...................................................................................................5
Tables
TABLE 1 - DEVELOPMENT STANDARDS COMPARISON..............................................................3
Exhibits
EXHIBIT A- PROJECT SITE LOCATION.........................................................................................6
EXHIBIT B - EXISTING SITE CONDITIONS.....................................................................................7
EXHIBIT C- PROJECT SITE PHOTOS.............................................................................................8
EXHIBIT D-SITE PLAN..................................................................................................................9
EXHIBIT EA - NORTH AND EAST EXTERIOR ELEVATIONS..........................................................10
EXHIBIT E.2 -SOUTH AND WEST EXTERIOR ELEVATIONS..........................................................11
EXHIBIT F - RENDERINGS ...........................................................................................................12
EXHIBIT G- PRELIMINARY LANDSCAPE PLAN..........................................................................13
Appendices
APPENDIX A- ENVIRONMENTAL ASSESSMENT
Calle Encilia Parking Structure Project Report February 16, 2016
31
I. INTRODUCTION
The Calle Encilia Parking Structure (the "Project") is a four level/three story, above
ground public parking structure with approximately 850 stalls proposed to be
constructed on approximately 2.8 acres of Tribal Trust land (the "Project Site") of the
Agua Caliente Band of Cahuilla Indians (the "Tribe"). The Project Site is located
within Section 14, Township 4 South, Range 4 East of the San Bernardino Base and
Meridian, Palm Springs, California, on the Agua Caliente Indian Reservation (the
"Reservation") south of Amado Road between Calle Encilia and Calle El Segundo,
adjacent to and immediately north of the Spa Report Casino (see Exhibit A, Project
Site Location Map).
As part of the project approval process and pursuant to the terms of the Agreement
for Tribal/City Land Use Coordination on Certain Parcels with the City of Palm Springs
(the "City") dated December 15, 1998, the Tribe has prepared this report on the
Calle Encilia Parking Structure (the "Project Report") for the City's administrative
review. The following key Tribal and/or City actions establish the project approval
process for Tribal lands:
1 . On July 26, 1977, the Tribe and the City entered into Agreement No. 1324
(hereinafter, the "Land Use Agreement") adopted by City Council Resolution No.
12298. Pursuant to the Land Use Agreement, the parties agreed that
applications for issuance of permits and development pertaining to any Trust
lands would initially be processed through the City, with the City collecting its
normal fees and charges. Any party aggrieved by an action of the City Council
in any such planning and zoning matters was given the right to appeal any
action of the City to the Tribal Council, with the Tribal Council having the ability,
following a noticed hearing, to affirm, reverse, or modify any decision of the City
Council on any matter affecting Indian Trust lands, with the decision of the Tribal
Council being final, after considering the recommendation of the Indian
Planning Commission, as well as applicable Federal and Tribal low.
2. On December 15, 1998, the Tribe and City entered into the aforementioned
"Land Use Coordination Agreement" which provides for City review and
comment on projects outside of the Land Use Agreement, while retaining the
Tribe's final approval and authority over projects on Tribal land.
3. On February 3, 1999, the City and the Tribe amended the Land Use Agreement
with Supplement No. 5, which exempted all Tribal lands from the Land Use
Agreement subject to the Land Use Coordination Agreement process.
This Project Report serves as an expanded project description and goes "hand in
hand" with other submittal documents including site plans, technical reports, and
other pertinent information. The proposed Project will be developed to the
standards of development set forward in this Project Report.
Calle Encilia Parking Structure Project Report February 16, 2016
1 32
II. EXISTING CONDITIONS
Project Site
As shown on Exhibit B, Existing Site Conditions Map, the Project Site is currently utilized
as a surface parking lot for the Spa Resort Casino (See Exhibit C, Project Site Photos).
Utility connections for water, sewer, power and telecommunication services are
available, and the public streets surrounding the Project Site providing direct access
to the parking structure include Amado Road to the North, Calle Encilia to the west,
and Calle El Segundo to the east.
Surrounding Land Uses
Land uses on adjacent properties include:
• North -Surface parking lot
• Northwest-Commercial buildings and vacant land
• West- U.S. Post Office
• South-Spa Resort Casino
• East- Multi-Family Residential (Plaza Villa Condominiums)
• Northeast - Multi-Family Residential (Deauville Condominiums)
III. STATEMENT OF PROJECT
The Tribe is proposing to construct an approximately 850 stall, four level/three story,
public parking structure adjacent to the Spa Resort Casino that will include the
following features:
• Modern native and contextual architecture
• Four separate entrances with three exits for improved vehicular ingress/egress
• External two-way vehicle loop ramps for improved circulation between floors
• Parking Demand Management System
• Electrical Vehicle Charging Stations
• LED lighting
• Drought tolerant/water efficient landscaping
• Solar ready rooftop shade structures
The Site Plan for the Project is included as Exhibit D, and as discussed further in the
remainder of this Project Report, Exhibits E through G provide additional information
on the parking structure.
A. Property Development Standards
While the Project is located within the Section 14 Specific Plan area, it is located on
Tribal lands that are not subject to City land use regulations. As a result, the Section
14 Specific Plan serves as a guiding framework but does not bind the Tribe in its
Calle Encilia Parking Structure Project Report February 16, 2016
2 33
decision to approve the Project. Under the Section 14 Specific Plan, the Project Site
is designated Resort Attraction (RA), where standalone automobile parking
lots/structures are allowed subject to a Conditional Use Permit (CUP).
The Project supports the Specific Plan's Parking and Circulation goal for Amado
Road and its use "as the major access route to shared parking structures (future)
serving the Convention Center, Spa Report Casino, and resort areas," and Table 1
below compares the proposed development standards for the Project against the
allowed/required standards of the RA Zone.
Table 1-Development Standards Comparison
Section 14 Specific Plan Allowed/
Property Development Standard Required Proposed
Building Height 100, 47'-1"'
Yard Setbacks:
Front (North -Amado Road Frontage) 20' 8"2
Side (West-Calle Encilia Frontage) 20' 83'-6"
Side (East-Calle El Segundo Frontage) 20' 22'3
Rear(South -Spa Resort Casino) 20' 30'
High-Rise Setbacks:'
Side (East-Calle El Segundo Frontage) 47'-1" 62'-6"
Floor Area Ratio 1.0 1.9
Open Space 40% 27%
'The height of the parking structure including the appurtenant elevator shaft and rooftop carport shade
structures is 60'and 53'-4",respectively. To reduce the perceived massing of the building,carport shade
structures will not be installed along the northern and eastern edges of the parking structure.
'Only the external two-way vehicle loop ramp extends into the minimum front yard setback area across 36%of
the property frontage along Amado Road. The setback to the rest of the parking structure along this street
frontage ranges from 36'to 45'.
3 The landings for Stairwell No.3 at the southeast corner of the Parking Structure extend 3'into the minimum
side yard setback.
High-rise buildings in Section 14 are required to have a minimum setback of one(1)foot of horizontal setback
distance from any residential district for each one(1)foot of vertical rise of the building.
As the above table illustrates, with the exception of the minimum front yard setback
along a portion of Amado Road, maximum building floor area ratio (FAR) and
minimum open space requirements, the Project complies with all the other
development standards established by the Section 14 Specific Plan. These
exceptions were necessary due to the narrow width of the Project Site and the
required 30 foot fire safety setback between the parking structure and the Spa
Resort Casino.
If the parking structure was designed to meet minimum front yard setback and open
space requirements, the height of the building would have to be much higher (up
to eight levels/seven stories) in order to accommodate 850 stalls, and the only way
Calle Encilia Parking Structure Project Report February )6, 2016
3 34
to lower the FAR to 1.0 is to reduce the number of stalls to approximately 550. The
tradeoff for the these development standard exceptions is a lower and less visually
impactful building, and more efficient structure in terms of both the number of stalls
provided and improved vehicle circulation. Similar exceptions to these property
development standards were granted by the City for the Downtown Parking
Structure.
B. Design Guidelines
The Section 14 Specific Plan requires that "[t]he walls of any parking structure...shall
be designed to substantially screen vehicles in the structure from a view of a person
on a public street," and "shall be similar in color, material, and architectural detail
with the building it serves." It also states that "[s]tructured parking should be
designed so that sloping floors are not visible from adjacent streets [in order] to
minimize views of light sources and cars from nearby streets and sidewalks"
The parking structure will be painted to match the Spa Resort Casino, and its
external walls and architectural features have been designed to substantially screen
the vehicles inside from surrounding uses. Solid, X-9" tall walls are provided around
the exterior of each level to minimize the amount of vehicle light and sound
escaping onto neighboring properties. The external two-way vehicle loop ramps, as
further described in Section IV, will be screened using a decorative metal mesh
fabric material. External vehicle ramps are being used along with open stairwells
and increased 11-16 foot ceiling heights to open up the interior of the structure,
bring in more light and ventilation, increase visibility, and improve safety.
C. Circulation
Primary vehicular access to the parking structure will be from Amado Road,
midblock between Calle Encilia and Calle El Segundo; a secondary access point is
located on Calle El Segundo. A new private driveway south of the parking structure
will provide access to valet drop off and pickup service to the Spa Resort Casino. A
valet entry to the parking structure is provided at the east end of the private
driveway, and return access to the valet drop off/pickup area is provided through
the surface parking area located to the west of the parking structure.
An external two-way loop ramp at the northeast corner of the building provides
improved vehicular access to the different levels within the parking structure. To
accommodate the location of this ramp and provide a more pedestrian friendly
environment along the south side of Amado Road north of the parking structure, the
sidewalk there will be extended 8 feet into the area that could be set aside for on-
street parking between the north entrance and Calle El Segundo; however, on-
street parking is currently prohibited along Amado Road between Calle Encilia and
Calle El Segundo. As a result, no on-street parking would be eliminated where the
sidewalk is being extended. The extension of the sidewalk would also not impact
the number of travel lanes provided on Amado Road.
Calle Encilia Parking Structure Project Report February 16, 2016
4 35
D. Public Utilities and Services
Since the Project is simply replacing surface parking with structured parking, there
will be negligible impacts to public utilities and services. The Project does, however,
provide covered public parking that not only benefits the Spa Resort Casino, but the
greater downtown area including the nearby Palm Springs Convention Center.
IV. ARCHITECTURAL AND LANDSCAPE CONCEPT
The architecture of the parking structure is both modern native and contextual,
taking inspiration from Cahuilla culture and the surrounding environment. The
architectural screening elements were inspired by the color, shape and form of
Cahuilla baskets and pottery. These elements are used to help screen the parked
cars from public view as well providing visual interest for the parking structure. The
metallic mesh fabric material screening the external two-way vehicle loop ramps at
the northeast corner of the parking structure will be chemically etched with imagery
of the San Jacinto and Santa Rosa Mountains (See Exhibits E.l, E.2 and F). The
etching process will result in different finishes to the metal making the entire screen a
mural of the mountains.
As shown on Exhibit G, the landscaping surrounding the parking structure will be
drought tolerant/water efficient desert-scape, and will include palm trees to help
soften the views of the parking structure from the east and north looking west and
south.
V. ENVIRONMENTAL ANALYSIS
An Environmental Assessment (EA) has been prepared for the Project and is
included as Appendix A. The EA analyzed the potential effects of the proposed
Project including impacts related to aesthetics, air quality, biological resources,
cultural resources, geology and soils, hazards, land use and planning, mineral
resources, noise, population and housing, public services, recreation,
traffic/circulation, utilities and service systems, and water. Based on the analysis
contained in the EA, no adverse environmental impacts are anticipated.
VI. FISCAL IMPACT ANALYSIS
As a standalone public parking structure proposed to be constructed on an existing
surface parking lot, the Project is not anticipated to generate any growth inducing
impacts. There are no standard development fees applicable to the Project that
would typically be imposed by the City (public art fees, park (Quimby Act) fees,
regional traffic impact (TUMF) fees, school fees, etc.); however, the Project will have
a beneficial impact to the City by providing more covered public parking in the
downtown area.
Calle Encilia Parking Structure Project Report February 16, 2016
5 36
EXHIBIT A- PROJECT SITE LOCATION
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Calle Encilia Parking Structure Project Report February 16,2016
6
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Colle Encilio Parking Structure Project Report g February 16,2016 39
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AGUA CALICNTC BAND OF CAHUILLA INDIANS
TRIBAL PLANNING & DEVELOPMENT 0
March 23, 2016
Xc
HAND DELIVERED
Mayor Robert Moon and City Council
CITY OF PALM SPRINGS
3200 Tahquitz Canyon Way
Palm Springs, California 92262
RE: City Administrative Analysis of the Calle Encilia Parking Structure Located
at the Southeast Corner of Calle Encilia and Amado Road (Case No. 5.1390)
Dear Mayor and City Council,
The Tribe has reviewed the City Council Staff Report dated March 16, 2016, on the
City's Administrative Analysis of the Calle Encilia Parking Structure Project and has no
comments to submit to the City Council at this time.
Please contact me should you have any questions at 760-699-6960.
YVe' rulyyos,
vis, AICP
& Development Officer
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
TJD/dm
C: Tribal Council
Flinn Fagg, Director of Planning Services, City of Palm Springs
1 M
1
t1
5401 DINAH SHORE DRIVE, PALM SPRINGS , CA 92264
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AGUA CALIENTE BAND OF CAHUILLA INDIAM
TRIBAL PLANNING & DEVELOPMENT 0
April4, 2016
Flinn Fagg, AICP
Director of Planning Services
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: City Conformity Report on the Calle Encilia Parking Structure Located at
the Southeast Corner of Calle Encilia and Amado Road (Case No. 5.1390)
Dear Mr. Fagg:
Tribal Staff have reviewed the City Council Staff Report dated April 6, 2016, on the
City's Conformity Report on the Calle Encilia Parking Structure Project and have the
following concerns:
1. Calls El Segundo Side Yard Setback. The table on page 3 of the Staff Report
states that the provided setback on Calle El Segundo is 17'-0", which is 3' less
than the minimum required. The provided setback for the parking structure itself
is actually 22% and only the stairwell landings extend 3' into the minimum
required setback area. The Section 14 Specific Plan is silent on projections into
required yards; therefore, looking to the Palm Springs Zoning Code (PSZO) for
guidance Section 93.01.00 F.3.a. allows "unenclosed stairways" to "extend into a
required side or rear yard not more than four (4) inches for each one (1) foot of
width of such required side or rear yard." The stairwell could therefore extend up
to 6'-8" into the 20' minimum required side yard setback and still meet PSZO
requirements.
2. Minimum Setback — High-rise building. The table on page 3 also states that
the required high-rise setback on Calle El Segundo is 141' and that 102' is
provided. This analysis appears to rely on the requirements of Section 93.04.00
of the PSZO; however, Table 6-2 of Section 14 Specific Plan specifically states
that "[h[igh-rise buildings within Section 14 are exempt from the setback
requirements identified in 93.04.00 of the PSZO." Instead, the Plan requires that
"high-rise buildings shall have a minimum setback of one (1) foot of horizontal
setback distance from any residential district for each one (1) foot of vertical rise
of the building." Utilizing that standard the required high-rise setback on Calle El
Segundo is 47'-1" and 62'-6" is provided.
5401 D I N A H SHORE DRIVE, PALM SPRINGS, CA 92264
1
T 7 6 0/6 9 9/6 8 0 0 F 760/69916823 WWW.AGUACALIENTE-NSN .GOV
�r b 2o1b Aaa��()"k '1Y\Ateko\y WW%6- 5u
0
Tribal Staff are currently reviewing the City's recommended Conditions of Approval and
do not have any comments on them at this time.
Please let me know if you have any questions.
Sincerely,
Margaret'g. Park, AICP
Director of Planning & Natural Resources
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
MEP/dm
C: Tom Davis, Chief Planning & Development Officer
Marcus L. Fuller, Assistant City Manager/City Engineer
AGUA CALIENTE BAND OF CAHUILLA INDIAV 2
W W W . A G U AC A L I ENT E - N S N GOV