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HomeMy WebLinkAbout23898 RESOLUTION NO. 23898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A PROPOSED GENERAL PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT IN LIEU OF A CHANGE OF ZONE, A CONDITIONAL USE PERMIT, AND A MAJOR ARCHITECTURAL APPLICATION FOR A 39-ROOM HOTEL WITH ACCESSORY SPA, RESTAURANT AND COCKTAIL LOUNGE/BAR USES ON A 1.13-ACRE PARCEL LOCATED AT 750 NORTH PALM CANYON DRIVE (CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. 750 LOFTS, LLC, submitted applications pursuant to Palm Springs Zoning Code Sections 94.04 (Architectural Review), Section 94.07 (Change of Zone), Section 94.03 (Planned Development District), Section 94.02 (Conditional Use Permit) and State of California Governmental Code Sections 65350-65362 (General Plan Amendment) for a proposed 39-unit hotel with accessory uses, APN: 505-303-018. B. The proposed development is a project as defined by the California Environmental Quality Act ("CEQA"). An initial study was completed which analyzed all required CEQA issues, including but not limited to air quality, traffic, land use compatibility and hydrology. Mitigation measures were identified and incorporated in the following impact areas: (1) Cultural Resources, (2) Hazards and Hazardous Materials, and (3) Transportation and Traffic. C. The initial study concluded that all of the project's potentially significant impacts will be less than significant with the incorporation of mitigation. On this basis, a mitigated negative declaration was prepared. D. The initial study was available for public comment for a 20-day period from February 6, 2015 through February 25, 2015. Public comment letters were received, which have been included as an attachment to the staff report. E. The project was further refined, and a revised initial study was re-circulated for public comment from June 29, 2015 through July 20, 2015. Further public comment letters were received and the City prepared responses to those comments. F. The revised project depicts a reduced overall building height and massing. As compared to the initial proposal, the revised plans reduce the height of the building on the Palm Canyon frontage from 32'-0" to 31'-0". The height of the building at the Indian Canyon frontage has been reduced from a range of 32'-0" to 35'-0", and now varies between 29'-3" to 34'-0" in height. Resolution No. 23898 Page 2 G. The 4th floor event space (approximately 4,000 s.f.) has been moved toward the center of the building, and is now located approximately 68' from the Indian Canyon Drive property line. The event space will now feature glass walls, which will further reduce the visual massing of the structure. The pool area has likewise been moved inward, and is now 30' from the building's edge on Indian Canyon Drive. Further, the third story, which was proposed for hotel rooms in the applicant's prior submittal, has been removed and will now, be utilized as a mezzanine balcony. H. On September 16, 2015, a public hearing on the application for the project was held by the City Council in accordance with applicable law. I. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project including, but not limited to, the mitigated negative declaration, the staff reports on all aspects of the proposed project, and all written and oral testimony presented. J. The City Council finds that the concerns reflected in Mitigation Measures V 1 , 2, and 3 in the initial study/mitigated negative declaration relating to building height and massing have been adequately addressed by the June 15, 2015 plan submittal. Additionally, the City Council finds that the proposed development has been sensitively designed within the context of the Las Palmas Business Historic District and is in general conformance within the Design Guidelines established for the Las Palmas Business Historic District. Accordingly, Mitigation Measures V 1, 2, and 3 are no longer necessary and can be deleted as conditions of approval of the project. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVE AS FOLLOWS: SECTION 1 . The City Council has considered the initial study and mitigated negative declaration and has modified the mitigated negative declaration as provided in the Recitals. The mitigated negative declaration as modified reflects the independent judgment and analysis of the City Council. The City Council finds that, in light of the whole of the record before it, all potentially significant impacts of the project would be less than significant with the incorporation of mitigation and that therefore, the project will not have a significant impact on the environment. Resolution No. 23898 Page 3 SECTION 2. The City Council hereby adopts the modified mitigated negative declaration and the mitigation monitoring plan for the project. The documents that constitute the record of proceedings are located at 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, and the custodian for these documents is the City Clerk. ADOPTED THIS 16TH DAY OF SEPTEMBER, 2015. David H. Ready, City I r ATTEST: mes 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, California, do hereby certify that Resolution No. 23898 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 the 16th day of September, 2015, by the following vote: AYES: Councilmember Mills, Mayor Pro Tem Lewin, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat and Councilmember Hutcheson. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, California (��/zQ �$ Resolution No. 23898 Page 4 Exhibit A Mitigation Monitoring Plan DATE: August 31 , 2015 CASE NO.: 5.1350 EA/EIR NO: N/A APPLICANT: 750 Lofts LLC ASSESSORS PARCEL NO.: 505-303-018 PROJECT LOCATION: South of Tamarisk Road, north of Gran Via Valmonte, extending between North Palm Canyon Drive and North Indian Canyon Drive APPROVAL DATE: In Process SUMMARY MITIGATION RESPONSIBLE TIMING CRITERIA COMPLIANCE DATE MEASURES FOR CHECKED BY MONITORING V. CULTURAL RESOURCES 1. Reduce building Planning Final PD Approved Height has height by 4 feet. Department and final PD and been reduced building building by Von Palm plan plans Canyon review frontage and by up to3' on Indian Canyon frontage; the reductions are adequate to addressthe noted concerns. 2. Limit Indian Canyon Planning Final PD Approved The third story elevation to two stories Department and final PD and of the building and twenty feet on Indian building building has been Canyon. plan plans replaced with a review mezzanine level and the height of the building has been reduced by up to3' on the Indian Canyon frontage. The east and west elevations comply with the 3:1 setbacks required by the hi h-rise Resolution No. 23898 Page 5 building requirements. the revisions are adequate to address the noted concerns. 3. Prohibit rooftop Planning Final PD Approved The enclosed structures beyond those Department and final PD and portion of the shown on plans. building building 4I"floor has plan plans been moved so review that it sits back 68' and from the east property line 57'from the west property line. The unenclosed pool deck is has been moved further towards the center of the site; these revisions should alleviate concerns with rooftop structures. VII. HAZARDS AND HAZARDOUS MATERIALS 1. Abate asbestos per Building Prior to Report by current standards and Department issuance qualified requirements. of asbestos demolition remediation ermit s ecialist 2. Abate mold per Building Prior to Report by current standards and Department issuance qualified requirements. of mold demolition remediation ermit specialist XV. TRAFFIC 1. Pay fair share of off- Public Works Prior to Payment of site intersection Department issuance fees improvements, including of grading signalization of Tamarish permit Road and Palm Canyon Drive, and the addition of left turn lanes