The URL can be used to link to this page

Home My WebLink About23706 RESOLUTION NO. 23706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A HOTEL INCENTIVE COVENANT WITH PALM SPRINGS PROMENADE, LLC FOR THE CONSTRUCTION OF A 155 ROOM KIMPTON HOTEL AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND BELARDO ROAD. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY FINDS: A. The City, as lead agency, prepared the Museum Market Plaza Specific Plan EIR (the "Specific Plan EIR"). The Specific Plan EIR analyzed the potential environmental impacts of the proposed Museum Market Plaza Specific Plan pursuant to the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and California Code of Regulations, Title 14, Sections 15000 et seq. ("CEQA"). The Specific Plan EIR concluded that the Museum Market Specific Plan would have significant and unavoidable effects on the environment. B. On December 9, 2009, the City Council for the City of Palm Springs made findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement of Overriding Considerations, and certified the Specific Plan EIR pursuant to the provisions of CEQA. On that date, the City Council also adopted the Museum Market Plaza Specific Plan, conditioned on compliance with the mitigation measures in the Specific Plan EIR/ Mitigation Monitoring and Reporting Program. The redevelopment of the Desert Fashion Plaza site was specifically contemplated by the Museum Market Specific Plan and analyzed in the Specific Plan EIR. C. On September 29, 2011, the City and Palm Springs Promenade, LLC, entered into a Project Financing Agreement applicable to the financing, development, redevelopment, creation and refurbishment of public and private improvements in downtown Palm Springs at the Desert Fashion Plaza site within the Specific Plan area which included, among other things, a site plan and project description depicting the proposed improvements. D. The City and Palm Springs Promenade, LLC, subsequently developed a Second Amendment to the Project Financing Agreement which included a revised site plan and project description (the "Second Amendment'). Resolution No. 23706 Page 2 E. Pursuant to the Second Amendment, the redevelopment of the Desert Fashion Plaza site will include, among other things: a first class hotel of approximately 170 rooms at the northeast corner of Belardo Road and Tahquitz Canyon Way in lieu of a commercial office building; that such hotel if maintained as a first class hotel would qualify with the provisions of the City's Hotel Incentive Ordinance (PSMC Chapter 5.26); an "Event Area" west of Belardo in lieu of a movie theater; and reconstruction of two lots east of North Museum Drive and the Palm Springs Art Museum, to include new landscaping and related hardscape and other improvements (collectively the "Modified Project'). F. The City, as lead agency, determined that the Modified Project was within the scope of the Specific Plan EIR and would not result in any new significant effects, a substantial increase in the severity of previously identified significant effects, or require any new mitigation measures or alternatives requiring major revisions in the Specific Plan EIR. The City, therefore, prepared an Addendum to the Specific Plan EIR (the "Addendum"). (Public Resources Code § 21166; CEQA Guidelines §§ 15162, 15164.). G. On October 17, 2012, the City Council for the City of Palm Springs approved the Addendum, found that the Modified Project conformed to the Museum Market Specific Plan, and approved the Second Amendment. H. On December 19, 2012, the City Council approved a Third Amendment to the Project Financing Agreement which included further minor revisions to the Modified Project including, among other things: a minor reconfiguration of Main Street such that Main Street is no longer curved between North Museum Drive and Belardo Road, but rather is straight between North Museum Drive and Belardo Road, an increase in the total number of hotel rooms from 170 rooms to 185 rooms (some of which will now be located in Block C-1), the further set back of the second story of the Block B building, and certain changes in uses listed on the Site Plan (the "Third Amendment'). I. On December 19, 2012, the City Council also approved the following entitlements for the project: Tentative Tract Map No. 36446 to subdivide 13.6 acres into fourteen lots for development and four lots for public infrastructure (streets) located at the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way; Major Architectural Approval Case No. 3.3605 for development of lands located at the northwest corner of North Palm Canyon and Andreas Road (new): Block "A"; Major Architectural Approval Case No. 3.3606 for development of lands located at the northwest corner of North Palm Canyon and "New Main Street': Block "B"; Major Architectural Approval Case No. 3.3607 for development of lands located along the westerly frontage of North Palm Canyon Drive, south of "New Main Street": Block "C"; and Planned Development District Case No. 5.1290 / PDD 361 for development of a hotel of approximately 185 rooms, restaurants, meeting rooms, retail uses and ancillary uses in excess of 60 feet in height located at the northeast corner of West Tahquitz Canyon Way and Belardo Road (new): Block "C-1" (collectively, the "Entitlements"). Resolution No. 23706 Page 3 J. On December 19, 2012, the City found that the Third Amendment and the Entitlements were within the scope of the Specific Plan EIR and the Addendum, and none of the circumstances triggering further environmental review had occurred. (Public Resources Code § 21166; CEQA Guidelines § 15162). K. On February 13, 2013, the Planning Commission accepted the redesign of the proposed hotel building located on Block C-1 with additional recommendations related to landscaping, public art, and final colors. L. On March 6, 2013, the City Council approved the revised hotel redesign and determined Condition of Approval No. 1 of Resolution 23270 had been satisfied. M. On October 14, 2014, the applicant filed an application with the City pursuant to Section V of the Museum Market Plaza Specific Plan and Section 94.03.00 (Planned Development District) of the Palm Springs Zoning Code requesting approval of the Final Development Plans for Case 5.1290 PDD 361 for a hotel of 155 rooms with various accessory and ancillary uses and ground floor commercial space on Block C-1 of the Museum Market Plaza Specific Plan. N. On October 20, 2014, the Architectural Advisory Committee (ACC) reviewed the proposed Final Development Plans for Case 5.1290 PDD 361 and recommended approval. O. On November 12, 2014, the Planning Commission, at a public meeting, reviewed the Final Development Plans for Case 5.1290 PDD 361 and found that prior environmental assessments, including the Specific Plan EIR and Addendum adequately address any environmental impacts of the Final Development Plans for Case 5.1290 PDD 361 and that no additional environmental review was required; the Final Development Plans are in substantial conformance with the preliminary planned development plan and all modifications and conditions made by the Planning Commission and the City Council have been incorporated in the project; and approved the Final Development Plan for the project. P. In 2008 the City Council adopted, and has amended from time to time, Chapter 5.26 of the Palm Springs Municipal Code, the City's Hotel Operations Incentive Program, for the purpose of providing incentives for the operation and maintenance of quality and first call hotel facilities which enhance the tourist and travel experience for visitors to the City, maximize the use of the City's Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the City in achieving its tourism goals. Q. The City Council finds that the Kimpton Hotel as approved pursuant to the various entitlements described in this Resolution, meets the requirements established in Resolution No. 23706 Page 4 PSMC Chapter 5.26 for a new first class hotel and is eligible for the City's hotel operations incentive program. R. On November 19, 2014, the City Council conducted a public hearing pursuant to California Government Code Section 53083, has received a report from staff that satisfies the requirements of Government Code Section 53083, and has determined that the grant of incentives as provided in the proposed Hotel Operations Covenant is consistent with and in furtherance of the goals, purpose, and requirements of PSMC Section 5.26. S. The City Council also finds that the Hotel Operations Covenant is a method of financing in part the hotel contemplated and approved as Case 5.1290 PDD 361 and is therefore within the scope of the Specific Plan EIR and the Addendum and therefore no further CEQA review is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVES: SECTION 1. The Hotel Operations Covenant with Palm Springs Promenade, LLC for the construction of a 155 room Kimpton Hotel at the Northeast corner of Tahquitz Canyon Way and Belardo Road is approved. SECTION 2. The City Council finds that the Hotel Operations Covenant is within the scope of the Specific Plan EIR and the Addendum and was fully analyzed under CEQA at the time of the December 19, 2012 decision to approve the Entitlements and none of the circumstances triggering further environmental review have occurred since the adoption of the Addendum: (i) there are no substantial changes in the project requiring major revisions of the Specific Plan EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of 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 Specific Plan EIR and Addendum 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 Specific Plan EIR and Addendum were certified showing that: (a) the project will have one or more significant effects not discussed in the Specific Plan EIR and Addendum; (b) significant effects previously examined will be substantially more severe than shown in the Specific Plan EIR and Addendum; (c) mitigation measures or alternatives 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 or alternatives have not been adopted; or (d) mitigation measures or alternatives considerably different from those analyzed in the Specific Plan EIR and Addendum would substantially reduce one or more significant effects on the Resolution No. 23706 Page 5 environment, but the mitigation measures or alternatives have not been adopted. No further environmental review is required. (Public Resources Code § 21166; CEQA Guidelines § 15162.) PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 19T" DAY OF NOVEMBER, 2014. David H. Ready, Ci n er 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, hereby certify that Resolution No. 23706 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 191h day of November, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tem Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk ( ity of Palm Springs, California 17- ,_ I1 SIZ0 1