HomeMy WebLinkAbout23670 RESOLUTION NO. 23670
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 4 TO THE PROJECT FINANCING
AGREEMENT BETWEEN THE CITY AND PALM SPRINGS
PROMENADE, LLC; AND FINDING NO ADDITIONAL
ENVIRONMENTAL REVIEW IS REQUIRED.
The City Council of the City of Palm Springs, California, 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').
E. Pursuant to the Second Amendment, the redevelopment of the Desert Fashion
Plaza site will include, among other things: a hotel of approximately 170 rooms at the
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northeast corner of Belardo Road and Tahquitz Canyon Way in lieu of a commercial
office building; 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 the following changes in uses listed on the Site Plan: Block A - the addition of police
substation; Block B, b, and b-1 - the addition of hotel, police substation and public
restrooms; Block C, c, and c-1 - the removal of public restrooms (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 comer of West Tahquitz
Canyon Way and Belardo Road (new): Block "c-1" (collectively, the "Entitlements").
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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; California Code of Regulations § 15162).
K. On May 27, 2014, Palm Springs Promenade, LLC submitted a revised
architectural application (Case 3.3605-MAJ) for the construction of a three story
commercial building on the easterly half of Block A located at the northwest corner of N.
Palm Canyon Drive and Andreas Road and a one story.
L. The revised architectural application (Case No. 3.3605-MAJ) are generally
consistent with the Museum Market Plaza Specific Plan development standards
approved by the City Council on December 2, 2009 and analyzed in the Specific Plan
EIR.
M. The Planning Commission on June 25, 2014 in its Resolution No. 6412
approving Case No. 3.3605-MAJ determined that no further environmental review is
required pursuant to Public Resources Code Sec. 21166 and California Code of
Regulations, Title 14, Section 15162.
N. The Planning Commission has also considered a revised architectural
application, Case No. 3.606-MAJ, for a two story retail commercial building on the
easterly half of Block B located on the northwest corner of N. Palm Canyon Drive and
"New Main Street. The Planning Commission on September 5, 2014 in its Resolution
6436 approving Case No. 3.3606-MAJ determined that no further environmental review
is required pursuant to Public Resources Code Sec. 21166 and California Code of
Regulations, Title 14, Section 15162.
O. The City Council on September 17, 2014 reviewed and considered a 4th
Amendment to the Project Financing Agreement that further refines the manner in which
the first phase of the Specific Plan will be implemented and how certain enhanced
facilities will be financed. These revisions are described in the City Council Staff
Report, dated September 17, 2014 and the 4th Amendment to the Project Financing
Agreement attached to the Staff Report.
P. The City finds that the 4th Amendment to the Project Financing Agreement is
within the scope of the Specific Plan EIR and the Addendum for the following reasons:
(1) The proposed building heights, densities, and uses are within those analyzed in the
project EIR and Addendum and therefore there is no anticipated increase in project
impacts, particularly with respect to any visual impacts, traffic, or trip generation; (2)
The proposed change which provides that the open space will be owned by the City
rather than the Developer is merely a change in ownership, not usage, and therefore
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will not create any new environmental impacts that were not previously analyzed; (3)
City ownership in lieu of City right to use Block E for only ten years ensures that the
public open space to be maintained on Block E will be of benefit and available for public
use for at least thirty years under the terms of the 4th Amendment; and (4) The 4th
Amendment also provides a source of funding the construction of additional on-site
parking that will benefit the Project and ensure availability of public parking within the
City owned parking structure; therefore no further CEQA review is required.
Q. Except as otherwise expressly provided in the Fourth Amendment (underground
parking under Block B-1), nothing herein shall be considered as an approval of any
development proposal for Blocks A-1, B-1, D, F, or G of the Project and such
development shall be subject to all required or appropriate environmental studies and
review when or if development is proposed on such Blocks.
NOW, THEREFORE, the City Council of the City of Palm Springs resolves:
SECTION 1. The Fourth Amendment to the Project Financing Agreement is
approved and the City Manager is authorized to execute the Second Amendment.in a
final form approved by the City Attorney.
SECTION 2. The City finds that the 4th Amendment to the Project Financing
Agreement is substantially 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 environment, but the mitigation measures or
alternatives have not been adopted. No further environmental review is required.
(Public Resources Code § 21166; California Code of Regulations § 15162.)
Resolution No. 23670
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ADOPTED THIS 17T" DAY OF SEPTEMBER, 2014.
David H. Ready, C a
ATTEST:
w
ames 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. 23670 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 September 17, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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mes Thompson, City Clerk
City of Palm Springs, California ����0�2o r+