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HomeMy WebLinkAbout10/17/2012 - STAFF REPORTS A. ppLM sp4 iy V N + t t c es °+roetn°' cq41FO-W. CITY COUNCIL STAFF REPORT DATE: October 17, 2012 PUBLIC HEARING SUBJECT: APPROVE AMENDMENT NO. 2 TO THE PROJECT FINANCING AGREEMENT BETWEEN THE CITY AND PALM SPRINGS PROMENADE, LLC; APPROVE AN ,ADDENDUM TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT; AND CONDUCT A CONFORMITY REVIEW UNDER SECTION V OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN, FOR THE IMPLEMENTATION OF A REVISED DOWNTOWN REVITALIZATION PLAN ('DOWNTOWN PALM SPRINGS") FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney, and Craig A. Ewing, AICP, Director of Planning Services SUMMARY In response to the on-going preparations to redevelop the Desert Fashion Plaza site, staff has determined that certain actions are appropriate related to the Project Financing Agreement and the anticipated entitlements which are to be applied for in the next few weeks: ■ Amend the Project Financing Agreement to update the site plan, provide for the development of a first class hotel within the Project, and provide for an Event Area for ten years (the revised site plan is attached to this staff report); ■ Adopt an Addendum to the Museum Market Plaza Specific Plan EIR based on the latest site and development plans; and ■ Conduct a Conformity Review of the latest site and development plans, as allowed by Section V of the Museum Market Plaza Speck Plan. Each of these items are discussed below, with recommended resolutions and related documents attached to this report. A public hearing is required for the Conformity Review. RECOMMENDATION: Adopt Resolution No. "A Resolution of the City Council of the City of Palm Springs, California, approving Amendment No. 2 to the Project Financing Agreement between the City and Palm Springs Promenade, LLC; approving an Addendum to the Museum Market Plaza Specific Plan Environmental Impact Report; and identifying the implementation of a revised downtown revitalization plan ("Downtown Palm Springs") NA&%)1bho& k4w% tN ko•11• aov) V01%4& Pur1c. 1 the Updated Site Plan, and herein. In addition, the parties approve proposed additional and/or alternative development and/or land uses as indicated on the Updated Site Plan. 2. Updates to Project Description. The original Project Description(attached to the PFA as Exhibit B) is amended and superseded to the extent provided in the Updates to Project Description attached hereto as Exhibit"IF. 3. Event Area on Block E. The parties approve development and use of Block E as an Event Area for a period of ten years from the effective date of this Amendment. Developer will retain ownership of the Event Area, but City shall have an irrevocable right and license, for and during said ten year period, to use the Event Area for scheduling, holding, staging, allowing and/or conducting special events (and ancillary, related, and incidental purposes). Developer will have similar rights, provided they do not conflict with events and/or activities previously scheduled by City. City and Developer will cooperate with each other in use reasonable and good faith to avoid conflicts. Developer shall have full possession and control of the site, except when City is using it for event purposes. City shall provide reasonable (not less than 48 hours) advance notice to Developer as to when and for what purposes City will, from time to time, desire use of the site. Developer shall pay all costs to get the site in a condition to receive event equipment as designated by City, and City shall pay all costs of acquiring and installing such equipment. (For the purpose of this Amendment, the phrase "to get the site in a condition to receive event equipment' includes but is not limited to installation of all hardscape, landscape, perimeter and ancillary lighting, security systems, irrigation systems, access improvements and electrical, sewer, and audio-visual infrastructure; and the phrase "event equipment' means the installation of sound, lighting,projection, and special effects systems to be used in conjunction with the staging of events and performances.) During the ten year term, Developer shall maintain the site (but not the equipment) and advance and pay all costs reasonably incurred in connection therewith and the City will pay all costs to maintain the event equipment in a first class condition. The Parties will meet and confer in good faith as provided herein on a plan for the equitable sharing of the maintenance costs required pursuant to this Agreement. Each party will be responsible for obtaining insurance or self insurance coverage sufficient to protect its own interests. During said ten year period, Block E will be used only as an Event Area. Thereafter, Developer may, subject to receipt of normal City approvals, develop and use Block E for any purposes authorized by the Museum Market Plaza Specific Plan("Specific Plan). 4. Proposed Hotel in Block c-1. Consistent with the provisions of the Specific Plan, Developer may pursue development and operation of a 170+/- room first class new hotel in Block c-1. The Parties recognize that such a first class new hotel is eligible for assistance pursuant to Chapter 5.26 (as amended) of the Palm Springs Municipal Code ("Ordinance"). Accordingly, Developer intends to pursue development of the Palomar(or equivalent), a Kimpton Hotel, a high-end first class new hotel pursuant to the Ordinance (as referenced in Section 5.26.040 as amended), and City agrees to fully cooperate in that effort. City acknowledges that City Staff has done a preliminary review of basic plans for the hotel and concluded that, if timely commenced, constructed and 21PaRe x r% c3 G, Palm 8PHnge AO Mue¢m �I.v`xwxz t� F BLOCFA USES # C f (p BLOCKB banObl BLOCKC cand,l ((11 RE OTAL flESTAUflANi60FFICEgNDgNY PUB IC AN IC RESTROOM6,RETAIL,RESTAURANTS, HOTEL,RESTAURANTS RETAIL,OFFILEAND V, V .1 ; 2y.y € THER USESALLOWED UNDERAPPROVED OFFICE REBIOENTIALANDYOTHER USES OTHER USESgLLOW£D UNDER APPROVED U ° MUSEUM MARKET PIA2A6PELIFIL PUN ALLOWED MUSEUM MARKET PLOIA APPROVED BY CITY COUNCIL DEC.z,CAN UNDER APPROVED MUSEUM MARKET PLAZA SPECIFIC PUN APPROVED BY CITY COUNCIL l{ ( SP ECIFC PUNAPPROVED BY CITY COUNCIL 01.2 SUN oEc.z.zwq BLOCK ERRY OFFICE,RETAIL.RESIDENTIAL 6LOLKF r4 y .fiat`M1d }yvrlVw'Mti,. Ti,( RESTAURANTS AND ANY OTHER USES BLOCKE RETAIL,HOTEL,OFFICE,RESIDENTIAL, ALLOWED UNDER THE APPROVED MUSEUM EVENT CENTERANDANY CTXER V6E5 RESTAURANTS AND ANY OTHER VBE6 MggKEi PLAZA SPECIFIC PLAIN APPROVED BY ALLOWED UNDER APPROVED MUSEUM ALLOWED UNDER APPROVED MUSEUM BELO [[��,,''++�� 4 i LIN LDUNCILOEC.3,30N MARKET PLAZA SPEC'FIG PLAN MARKET APPROVED BY MART PLACE A SPECIFIC P APPROVED BY y{j -nv[JP µLW '� CITYCOUNCIL DEC.2,20W CITY COUNCIL DEG 3.DUN BLOCKS RESIDEHOTELNTIAL DANY TAIL OFFICEOTHER USES FFCT RANTS. HOTEL ANDANVOTHER MUSEUM MARK PLAZA iHEgPP ROVE OMUSEVM MARKET F ikk f`N M PLAZA DEC. PLAN APPROVED BY CITY COVNLIL DEC.SCOW N USE MAX HAND USE MAX HAND PLAURNRETAIL MO RESTAAGREA.URANT W r { RETAIL IOEbTAUgANTIOFFICE MIS ROOF \. HOTEL ROOMSYB UNITS � MS RESIDENTIAL wo uulT6 y s B31 '. i 11 eX¢enn PKASE ONE OF PLANNING AREA 11 Q-41' gum Ium BLOCKSA Bc UPE OEV8L0`M BFFT.FKC v R E6TAURANT LETAI L B HOTEL 411,000 BE E 1 BEVSL01'N6N1 r p�N HOTEL ROOMS BNLLUDEO IN ABOVE S FI 1AI ROOMS RESIDENTIAL 'mUNITS _ - Lp -vqo rvrW IOCAWAXo- ANAL' r r •�. 1� 1 ivr�-ia;5 ' -- •ENHANCED PAVING ON BEURDOAMAS , MAIN"ANDRUS AND MARKET STREET BLO o-1 >_'yy A6 sgpwN SLOOKC ll�ti ••SI SHADE cANCRY OVER MARKET T [pNRl1 '.L �. v STREET USING.��}• USING'-L-�-� �_ "1Y •�# �" L HYATT HOTEL E' •REMOVABLE B THE 1 BroM" dz I# FOLLOtMNG INTER58TERBELTIOTI0N8 1 rn I L L r r 1 :MAIN STREET E PALM ON -- - — V ^ ��SQ,�!{Y M.AAASIN STREETt BEGNADO lAR00 BLOCK — 4ae BLOCKb r¢TMF" L A '°` A PALM ON •ANDRUS&RICARDO ` 1IF 'y v MARKET STREET A WIN STREET K r¢rwn urofFE - 9 _ •MARKET STREET BANOREA6 tUT ' '(- '41- V MASTERPLAN/SITE PLAN DOWNTOWN PALM SPRINGS EXHIBITI SCALE:1:60 WESSMAN DEVELOPMENT 20121016 USES Pelm SpnryaPB M�wvlm BIMKC.e md,4 BLOCKA PUBLIC RESNad y ^ _ RETAIL.RFSTAURPNib,UNDER MOPXV PUBLIC REETROOMS,RETAND ANY O6 El RPMB. OTHER SESAUOYNEO UNDERETNR OFFICEAND PROVED " V MUSEUM WISTPLUI SPECIFIC OFFICE RESIOENTMLMDANVOTHER VBFS MUSEUM MARKETP VNCERMPROJEO E1 MUBEUMD BY CPY VSUNKALDEC,PLAN AllONEO MUSEUM MMKETPLVA Y� APPROVED BYCDYCOVNCILOEG;DOOR UNDER APPROVED MUSEUM WRRTPL.VA 6PEGFIL PLAIN APPROVED BY CITY COUNCIL '- SPECIFIC PLAN MPRWEO BY C T'CO UNGL DEC.2SM L EE — 4C'. DEC.3 YD3 NYUBEIMI ORWE LY - BLOCKD l O a GROCERY OFFICE.NETNLflE610EXML. BLOCKF R ESTAU FAXT�MDANY OTH ER USES BILCKE RETAL NOTE-OFFCE REEIDEN1Ml, /( �p PLLOAfO UNDER THEAPPROVEO MUSEUM EVENT CENTER AMID ANY OTHER USES RESTAVRPNT6 AND ANY OTHER USES ' C , �Pyy{.<ry ��. MARKETPVTASPEEIFlCPIANAPPROVEDSY ALLDWED UNDER APPROVED MUSEUM ALLGAEO UNDER APPROVED MUSEUM Y' N 1 I CffVCOVNCIIpEC.3.A(B MM KETPVSASPECIFIL PLAIN APPROVED BY MIVKFTPIFlA SPECIFIC PLAN APPROVED BY CITY COUNCIL DEC.2,EDGE CT'COUNCIL DEC.3.ID"A e1pE° BLOC KO ' flE6IDENTIA4 RETAIL,OFFICE,RESTAURANTS. HOTE LAND ANY OTHER USES ALLOWED UN DEfl THE APPROVED M MARKET bREe'.IME'.R�eu • 1i PULOSPECIFIC PLPNAPPROVM ROVED BY CITY URADE Z COUNCIL DEC.2,2WO F.PARKING DPHA'IE w MAX LAND UBEIMENBRRfi z RUNNING AREAS T AY Va R ETNL I RESTAURANT I OFFICE HE GOO HOTELROOME M6 ROOM BLOCKE 1' RE610EMIAl i'p UNITS —� BLOCKAE EVENT SPACE - UEVPLI N R RESIDENTIAL OF PLANNNDMFAFI BLOCKKD M DEVELOPMENT BLOCK pa Fpn m�I BLOCK6A-BC < FUTURE m.mm m E RETAIL&HOTEL ITO.RO BF GA.Ey{ HOTEL OOM W —AA REb 0ENi4LLE11NCOFD INABOVESF.1 IS)UNRB ITO b Ll . mwPiaPs .L 11 CDKc,+T 1`I� I 1 ?— 'I lr•.v " �\ i Z .1: eENNLED PANNOCN OEWW i . MMN! _ ENHANCED ANDUARKETTIMEFT AS DIONIN BL Ko-1 m6 ��r.+_.-4 J ^ esHADE.01 EN MARKET �.1 BLOCN Ch r I -_ L WEN {mow - EXISTING ^ar HYA17 HOTEL •REMCNRNILE FOLLONING BOULAR SATT E J L a e MNN STREET&PALM CANYON L =1 •MAIN BTREETLM CANYON I BLOCK G' "" AND REV 6 PALM CANYON BLOCK _.. &MARKET BEWDO p°A I a MMKETSTREETSMNDRIED ET H• a MMKETSTREETa ANORFAs 1 I zo1- � � I J� N MASTEflPLAN/SITE PLAN DOWNTOWN PALM SPRINGS EXHIBIT scnLE i:Bo W ESSMAN DEVELOPMENT 20121015 �.P�aKLs+-pus Pxl.n_s.nT�--eDPw-sm ' EXHIBIT II TO SECOND AMENDMENT TO PFA UPDATES TO PROJECT DESCRIPTION As of the effective date of the First Amendment to PFA ("Amendment') to which this Exhibit "IP' is attached, the original Project Description, as set forth on Exhibit `B" attached to the PFA, is amended and superseded as and to the extent provided below. 1. Updated Site Plan. Any reference to Site Plan shall be deemed to refer to the Updated Site Plan (Exhibit "I" attached to the Amendment), and future development and uses within Block areas shall be consistent with designations set forth on the Updated Site Plan. 2. Changed Block Designations. Block designations and references in the Project Description shall be deemed changed as indicated on the Updated Site Plan. 3. Block E. Any reference to a movie theater in Block E shall be deemed deleted, it being understood that pursuant to Section 2 of the Amendment, Block E will be designated for use as an Event Area for a period of ten years, and thereafter may, subject to receipt of normal City approvals, be developed for any purposes authorized by the Specific Plan or PFA. 4. Block c-1. Subject to receipt of normal City approvals, Block c-1 may be developed into a high end boutique hotel of approximately 170+/- rooms, and related and incidental uses, in general accordance with preliminary height and massing plans submitted to the City. 5. Bollards. Any reference to "electronically operated bollards" shall be deemed changed to refer to "removable bollards". ?mtv► 2a Addendum to Final Environmental Impact Report (Museum Market Plaza Specific Plan) Prepared for Proposed Renovation Plan ("Downtown Palm Springs") Page 13 of 8 3. Environmental Setting, Impacts and Mitigation A. Certified FEIR for the Museum Market Plaza Specific Plan The certified project EIR for the Museum Market Plaza Specific Plan anticipated development of the subject property without the need for further environmental documentation. The final Mitigation Monitoring and Reporting Plan, adopted with the EIR certification, includes a complete set of measures to avoid or substantially lessen the effects of implementing the Specific Plan (including development of the subject property), with three exceptions: A Statement of Overriding Considerations was adopted on December 9, 2009, as part of the EIR certification and Specific Plan approval, finding that the benefits derived from implementing the Specific Plan outweighed a remaining post-mitigation significant effect on aesthetics /visual resources, regional air quality and cultural resources. These original unavoidable significant impacts were found to be a function of the location, scale and urban intensity of the Specific Plan project and region-wide air quality conditions. The proposed Downtown Palm Springs project is consistent with the land uses and improvements as analyzed for this site and the surrounding area under the Specific Plan EIR. The resulting the aesthetic/visual resources, air quality, cultural resources and other environmental effects of the Downtown Palm Springs project will be no greater than those associated with the adopted Specific Plan project, as discussed below The adopted Mitigation Measures for the Museum Market Plaza Specific Plan are on file in the Office of the City Clerk and included as a part of the record of proceedings on the adoption of the Specific Plan. The proposed project must comply with each applicable measure. The analysis provided in Section 3.6 below confirms that the proposed project would not differ materially in its effects on aesthetics /visual resources from the analysis presented in the Specific Plan EIR. B. Updated CEQA Documentation — Aesthetics / Visual Resources The following analysis on the potential impacts of the Downtown Palm Springs project is based on photo-simulations which may be compared with the photographic analysis of the Specific Plan EIR. In the EIR's analysis of project impacts on aesthetics /visual resources, eleven view locations were identified and photographed. (Three locations— numbers 1, 2, and 11 —were oriented to portions of the original Specific Plan project area that are not part of the Downtown Palm Springs project and are not necessary for this analysis.) The remaining eight locations are: View 3 —from the intersection of Indian Canyon Drive and Andreas Road, looking west along Andreas Road. to tAw 0 Pack., ��U Addendum to Final Environmental Impact Report (Museum Market Plaza Specific Plan) Prepared for Proposed Renovation Plan ("Downtown Palm Springs") Page 17 of 8 4. Conclusions A. No Substantial Change in the Project Implementation of the proposed Downtown Palm Springs project would result in substantially the same scale and nature of commercial development contemplated in the 2009 Specific Plan EIR. The proposed project is substantially consistent with land use, circulation, open space, grading and related policies contained in the Museum Market Plaza Specific Plan. B. No Substantial Changes in Circumstances There are no substantial changes in the circumstances under which the Downtown Palm Springs project would be carried out. Three years following preparation of the Specific Plan EIR, the project site remains the last significant property available for redevelopment in the City's commercial /touristic core. The site adjoins an established street grid that has not changed since certification of the EIR. Implementation of the proposed project would create a key public event and entertainment venue, as identified in the Specific Plan, and improve the internal circulation by constructing additional public and private streets. C. No New Information of Substantial Importance Supplemental information has been assembled for the preparation of this Addendum. None of this information is of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete. Specifically, the project does not present any new potentially significant effects not evaluated in the previous EIR. In addition, the previously identified significant effects of the Specific Plan would not be accentuated through implementation of the proposed project. No changes in the feasibility of originally adopted Specific Plan mitigation measures have been identified (see Appendix 1). �%IVVWA na t7� Pack- no%w Q�?ALM SpP 'Z V N k k c'0OF0 CITY COUNCIL STAFF REPORT DATE: October 17, 2012 PUBLIC HEARING SUBJECT: APPROVE AMENDMENT NO. 2 TO THE PROJECT FINANCING AGREEMENT BETWEEN THE CITY AND PALM SPRINGS PROMENADE, LLC; APPROVE AN ADDENDUM TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT; AND CONDUCT A CONFORMITY REVIEW UNDER SECTION V OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN, FOR THE IMPLEMENTATION OF A REVISED DOWNTOWN REVITALIZATION PLAN ("DOWNTOWN PALM SPRINGS") FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney, and Craig A. Ewing, AICP, Director of Planning Services SUMMARY In response to the on-going preparations to redevelop the Desert Fashion Plaza site, staff has determined that certain actions are •appropriate related to the Project Financing Agreement and the anticipated entitlements which are to be applied for in the next few weeks: ■ Amend the Project Financing Agreement to...; • Adopt an Addendum to the Museum Market Plaza Specific Plan EIR based on the latest site and development plans; and • Conduct a Conformity Review of the latest site and development plans, as allowed by Section V of the Museum Market Plaza Specific Plan. Each of these items are discussed below, with recommended resolutions and related documents attached to this report. A public hearing is required for the Conformity Review. RECOMMENDATION: Adopt Resolution No. "A Resolution of the City Council of the City of Palm Springs, California, approving Amendment No. 2 to the Project Financing Agreement between the City and Palm Springs Promenade, LLC; approving an Addendum to the Museum Market Plaza Specific Plan Environmental Impact Report; and identifying the implementation of a revised downtown revitalization plan ("Downtown Palm Springs") as conforming to the Museum Market Plaza Specific Plan, for 13.2 Acres located at the northwest corner of Tahquitz Canyon Way and North Palm Canyon Drive" ITEM NO. IN City Council Staff Report October 17, 2012 Downtown Palm Springs Revitalization /Redevelopment Project Page 2 of 6 as conforming to the Museum Market Plaza Specific Plan, for 13.2 Acres located at the northwest corner of Tahquitz Canyon Way and North Palm Canyon Drive" BACKGROUND • On December 2, 2009, the City Council adopted the Museum Market Plaza Specific Plan and associated Environmental Impact Report and related documents. ■ Concurrently with the adoption of the Museum Market Plaza Specific Plan, the City Council conducted a Conformity Review under the draft Museum Market Plaza Specific Plan and determined that a proposed plan for revitalization of the Desert Fashion Plaza conformed to the Specific Plan. No subsequent project application has been submitted. ■ On September 7, 2011, the City Council approved a Project Financing Agreement between the City of Palm Springs and Palm Springs Promenade, LLC for the redevelopment of the Desert Fashion Plaza site. ANALYSIS Amendment to the Project Financing Agreement The proposed Second Amendment to the Project Financing Agreement recognizes that the plans for the project area have evolved and that modifications, consistent with the provisions of the adopted Museum Market Plaza Specific Plan, should be incorporated within the project plan. These modifications involve the inclusion of a Kimpton brand hotel of 170+/- rooms, a first class hotel, at the southwest corner of Belardo and Tahquitz, the provision for an "Event Area" west of Belardo, and reconstruction of the two city lots east of N. Museum Drive, west of the Palm Springs Art Museum. Appropriate amendments consistent with these revisions are also proposed for the Site Plan of the project and the Project Description, exhibits to the Project Financing Agreement. The Hotel will be eligible for assistance under the City's Hotel Incentive Program as a first class hotel if work is commenced before December 31, 2013. If the Developer is unable to meet the requirements of the Hotel Incentive Program, the Developer will have the ability to extend his obligation to complete construction of an alternative use on hotel site for 18 months, so long as he has been issued building permits for such work by December 31, 2014, the current deadline to complete all work on the rest of the project. In lieu of a movie theater on Block E, the Developer is proposing that an Event Area be provided for use by both the City and Developer for 10 years. The use arrangements will be worked out between the parties in the future. The Developer will be responsible for making appropriate improvements to the Event Area and the City will be responsible for installing certain event equipment related to the staging of events and performances. The two City blocks across N. Museum Drive from the Art Museum will be reconstructed by demolishing and removing all current improvements, leveling the site with compacted dirt, 002 City Council Staff Report October 17, 2012 Downtown Palm Springs Revitalization /Redevelopment Project Page 3 of 6 installing new landscaping and related hardscape, and installing other improvements appropriate for completion of the project. The Developer will do the work and the City will reimburse the Developer for his costs less any profit or mark-up for the work. Approval of Addendum to the Museum Market Plaza Specific Plan EIR In preparation for the submittal of applications for entitlements for the Downtown Palm Springs project, staff has evaluated the latest preliminary site and development plans against the Museum Market Plaza Specific Plan Environmental Impact Report (EIR). According to the California Environmental Quality Act (CEQA), when new information about a project is provided to the City, it may prepare an "addendum" to the EIR. The addendum may be adopted by the City Council in accordance with CEQA provisions, as long as no new significant impacts or other substantial changes to the environment or mitigation measures are found. In 2009, the City Council certified an EIR for the Museum Market Plaza Specific Plan; the EIR included an investigation into a variety of potential environmental impacts that might result from implementing the Specific Plan. A number of impacts were identified and mitigation measures were adopted to reduce most of these impacts to "non-significant" levels. However, impacts which could not be mitigated were identified in the topics of aesthetics / visual resources, air quality and cultural resources. In these cases, mitigation measures were adopted, but the impacts remained significant and a Statement of Overriding Consideration was adopted. Staff has reviewed the latest site and development plans from Palm Springs Promenade, LLC and determined that no new impacts are expected which were not fully analyzed in the Specific Plan EIR, except for aesthetics / visual resources. No new significant, adverse impacts are expected to result on traffic, land use, geology / biology, public services or other topics. However, since the new plan proposes building height and mass in different configurations from the Specific Plan, it was necessary to analyze the new project's visual impacts and prepare an addendum of the aesthetics /visual resources section of the EIR. The photographic simulations contained in the EIR include eight views across and around the project site. (Three other views were included in the EIR, but these address other sites outside the boundaries of the Downtown Palm Springs project and are excluded.) The new project's proposed buildings, including their maximum height and mass were simulated into the photographs and staff compared these new photo-simulations with those from the EIR (see attached draft EIR Addendum, including photo-simulation comparisons). Based on an analysis of each photo and the cumulative impacts of all eight views, staff has concluded that no additional adverse impact will result from the Downtown Palm Springs project. In many views, the new project significantly improves long-distant mountain views, which are identified as a key visual and environmental resource. Staff believes that the draft EIR addendum with the Specific Plan EIR provides an appropriate and adequate statement of the environmental impacts of the Downtown Palm Springs project. A draft resolution to adopt the EIR Addendum is attached 003 City Council Staff Report October 17, 2012 Downtown Palm Springs Revitalization/Redevelopment Project Page 4 of 6 Conformity Review with the Museum Market Plaza Specific Plan The developer has requested that the City Council conduct a conformity review of the site and development plans, as allowed by the Museum Market Plaza Specific Plan. Section V.A.2 of the Specific Plan identifies the Conformity Review as a "determination that a proposed project consisting of the rehabilitation, renovation, and/or remodel of existing buildings and facilities (a "Renovation Project') with the Specific Plan is general consistent with the Specific Plan". The Specific Plan also directs the Council to "consider whether the proposal reasonably furthers the goals or objectives of the Specific Plan, including without limitation Subsection C of this Section V." (See the full text of the Specific Plan regarding Conformity Review attached to this report.) Site and development plans submitted by Palm Springs Promenade, LLC Show that most of the buildings of the Desert Fashion Plaza are to be removed; one building and the parking structures (including underground parking) are to be retained. New public and private streets are proposed to establish blocks for new retail commercial buildings, a hotel, an outdoor entertainment venue and future development. The proposal may be seen as a renovation of the existing mall because of the retention of a building and the existing parking facilities. These significant existing facilities provide a basis for evaluating the proposal as a "renovation project" as defined by the Specific Plan. The proposal may also be seen as a further variation of the plan determined by the City Council in 2009 to be conforming to the Specific Plan. The Specific Plan does not contain a section identified as "Goals and Objectives", however, it provides an equivalent statement within it project description in the form of Guiding Principles: 1. The highest quality development which provides an exciting and safe living, working and shopping experience for all. 2. The creation of a pedestrian and vehicular connection from the Palm Springs Art Museum, through Palm Canyon and Indian Canyon Drives, to the Resort/Convention Center District. 3. The development of retail commercial development which successfully mixes national and regional chain stores with local businesses, focused on the major roadways which bound the site, including North Palm Canyon, Indian Canyon, Tahquitz Canyon and Belardo. 4. A balance of commercial and residential development which assures the success of the area by increasing the number of homes in the downtown, thereby increasing the customer base of the commercial uses. 5. The development of residential units which relate synergistically to the commercial development around them, and encourage a pedestrian lifestyle with little use for the automobile. 6. The development of additional resort hotels which provide luxury accommodations and increase the visitors to the City's downtown. 004 City Council Staff Report October 17, 2012 Downtown Palm Springs Revitalization / Redevelopment Project Page 5 of 6 The Conformity Review will be achieved by evaluating the proposed site and development plans against the above Specific Plan principles, and staff has provided the following analysis for City Council consideration: 1. The highest quality development which provides an exciting and safe living, working and shopping experience for all. The project provides vehicle and pedestrian access via the grid of public and private streets that allows "safe discovery" of the shopping, dining, lodging and entertainment facilities, both within the project and in the vicinity. The small blocks created by the street grid offer a comfortable and secure urban scale, while the low-rise buildings proposed along street fronts match the small blocks with an appropriate vertical scale. The single tall hotel building proposed in Block C offers an urban landmark among the surrounding low-rise buildings. The outdoor entertainment venue creates opportunities to energize the area with concerts and other special events. 2. The creation of a pedestrian and vehicular connection from the Palm Springs Art Museum, through Palm Canyon and Indian Canyon Drives, to the Resort/Convention Center District. The project does not extend east of Palm Canyon Drive, but within the project's boundaries the pedestrian and vehicular connection from the Palm Springs Art Museum to Palm Canyon (between Blocks B and C, E and F, and H-1 and H-2) is clearly established. 3. The development of retail commercial development which successfully mixes national and regional chain stores with local businesses, focused on the major roadways which bound the site, including North Palm Canyon, Indian Canyon, Tahquitz Canyon and Belardo. Within the project boundaries, buildings are proposed along Tahquitz Canyon Way, North Palm Canyon Drive and Belardo Road (Blocks A, B and C) to house a diverse array of retail and restaurant tenants. While specific tenants are not known at this time, the development provides for a mix of national and regional chains, as well as local businesses, which can be expected to modify and adjust over time to achieve long-term success. 4. A balance of commercial and residential development which assures the success of the area by increasing the number of homes in the downtown, thereby increasing the customer base of the commercial uses. No residential development, except the 170-room hotel, is proposed at this time. However, future development west of Belardo Road (including Blocks D, F and G) may include permanent multiple family residences. The balance of commercial and residential development will be best served by the proposal to have commercial development nearest N. Palm Canyon Drive with residential development in the more westerly portion of the site. 005 City Council Staff Report October 17, 2012 Downtown Palm Springs Revitalization /Redevelopment Project Page 6 of 6 5. The development of residential units which relate synergistically to the commercial development around them, and encourage a pedestrian lifestyle with little use for the automobile. Residential development is not presently proposed on the easterly half of the site (between Belardo Road and Palm Canyon Drive), except for the hotel. However, future residential development within the site (including Blocks D, F and G) will encourage a pedestrian lifestyle for those residents with little use for the automobile. 6. The development of additional resort hotels which provide luxury accommodations and increase the visitors to the City's downtown. A four-star hotel is proposed in the plan (Block C) to provide luxury accommodations and increase the number of visitors to the City's downtown. The hotel promises the potential for 24-hour and year-round activity within the project. Based on the above analysis, staff believes the City Council may find that the proposed site and development plans reasonably further the guiding principles ("goals and objectives') of the Museum Market Plaza Specific Plan. CONCLUSION A draft resolution has been prepared from the above recommendations, and is attached to this report for ouncil consideration. Dougla olland ing, AICF City A orney Dir of Planni ervices David H. Ready, City p Attachments: 1. Draft Resolution 2. Draft Amendment No. 2, Project Financing Agreement 3. Draft Addendum to the Museum Market Plaza EIR 006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE PROJECT FINANCING AGREEMENT BETWEEN THE CITY AND PALM SPRINGS PROMENADE, LLC; APPROVING AN ADDENDUM TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT; AND IDENTIFYING THE IMPLEMENTATION OF A REVISED DOWNTOWN REVITALIZATION PLAN ("DOWNTOWN PALM SPRINGS") AS CONFORMING TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN, FOR 13.2 ACRES LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND NORTH PALM CANYON DRIVE WHEREAS, on December 2, 2009, the City Council certified a Final Environmental Impact Report; adopted CEQA Findings and Statement of Facts, a Statement of Overriding Considerations and a Mitigation Monitoring Program; and enacted by ordinance and resolution the Museum Market Plaza Specific Plan ("Specific Plan"); and WHEREAS, on September 7, 2011, the City Council approved a Project Financing Agreement ("Agreement") between the City of Palm Springs and Palm Springs Promenade, LLC for the renovation and redevelopment of the Desert Fashion Plaza site within the boundaries of the Specific Plan; and WHEREAS, on October 3, 2012, Palm Springs Promenade LLC presented to the City Council certain site and development plans as a revised renovation project for 13.2 acres within the boundaries of the Specific Plan and subsequently requested a conformity review of the plan in accordance with Section 5.A.2 of the Specific Plan; and WHEREAS, the revised renovation project was evaluated to determine if the site and development plans might result in environmental impacts not adequately analyzed in the Specific Plan EIR; and WHEREAS, the City concluded that an Addendum to the Museum Market Plaza Specific Plan EIR, as prepared under the provisions of CEQA, would adequately address the potential project impacts, including impacts on aesthetics/visual resources; and WHEREAS, Section 5.A.2 of the Museum Market Plaza Specific Plan allows for the review of any renovation project for conformity with the Specific Plan's goals and objectives, subject to a public hearing, with notice provided in accordance with Government Code Section 6061; and WHEREAS, on October 17, 2012, following a notice published in accordance with Government Code Section 6061, the City Council conducted a public hearing, at which hearing the Council received all testimony, including staff reports, draft documents, and all oral and written public comments. 007 NOW, THEREFORE, the City Council of the City of Palm Springs resolves: SECTION 1. The Second 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 Council certifies that the Addendum to the Museum Market Plaza Specific Plan EIR has been completed in compliance with CEQA, that the Addendum was presented to the City Council as the decision-making body, and that the City Council reviewed and considered the information contained in the Addendum prior to approving any aspect of the Project. Preparation.of the Addendum has been overseen by the City's Director of Planning and/or his representative, and the conclusions and recommendations in the document represent the independent conclusions and recommendations of the City. The Addendum represents the independent judgment and analysis of the City. By these findings, the City Council confirms, ratifies, and adopts the findings and conclusions of the Addendum, as presented. The City Council further certifies that the certified Specific Plan EIR and the Addendum together are adequate to support approval of each component of the proposed Downtown Palm Springs project, and any minor modifications to the project. The City Council also certifies that the Specific Plan EIR and Addendum together are adequate to support any future discretionary approvals needed to implement the Downtown Palm Springs project. SECTION 3. The City Council, after balancing the specific economic, legal, social, technological, and other benefits of the proposed project, has determined that the unavoidable adverse environmental impacts identified in the EIR and Addendum "A" may be considered "acceptable" due to specific considerations which outweigh the unavoidable, adverse environmental impacts of the proposed project. The City Council therefore ratifies and adopts the "Statement of Overriding Considerations" as approved by the City Council in the approval of the Final Environmental Impact Report for the Museum Market Plaza Specific Plan adopted on December 2, 2009. Each of the separate benefits of the proposed project, as provided in the Statement of Overriding Considerations, is determined to be, unto itself and independent of the other project benefits, a basis for overriding all unavoidable adverse environmental impacts identified in the Statement of Overriding Considerations. SECTION 4. The City Council finds, ratifies, and adopts the Mitigation Monitoring Program, incorporated into the Final Environmental Impact Report for the Museum Market Plaza Specific Plan adopted on December 2, 2009. The City Council further finds that such Mitigation Monitoring Program meets the requirements of Section 21081.6 of the Public Resources Code by providing for the implementation and monitoring of measures intended to mitigate potential environmental impacts. In the event of any inconsistencies between the Mitigation Measures as set forth in the EIR and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control. SECTION 5. The City Council finds and determines that the revised renovation plan comprised of the site and development plans for Downtown Palm Springs submitted 008 October 3, 2012 does hereby conform to the goals and objectives ("guiding principles") of the Museum Market Plaza Specific Plan, as follows: 1. The highest quality development which provides an exciting and safe living, working and shopping experience for all. The project provides vehicle and pedestrian access via the grid of public and private streets that allows "safe discovery" of the shopping, dining, lodging and entertainment facilities, both within the project and in the vicinity. The small blocks created by the street grid offer a comfortable and secure urban scale, while the low-rise buildings proposed along street fronts match the small blocks with an appropriate vertical scale. The single tall hotel building proposed in Block C offers an urban landmark among the surrounding low-rise buildings. The outdoor entertainment venue creates opportunities to energize the area with concerts and other special events. 2. The creation of a pedestrian and vehicular connection from the Palm Springs Art Museum, through Palm Canyon and Indian Canyon Drives, to the Resort/Convention Center District. The project does not extend east of Palm Canyon Drive, but within the project's boundaries the pedestrian and vehicular connection from the Palm Springs Art Museum to Palm Canyon (between Blocks B and C, E and F, and H-1 and H-2) is clearly established. 3. The development of retail commercial development which successfully mixes national and regional chain stores with local businesses, focused on the major roadways which bound the site, including North Palm Canyon, Indian Canyon, Tahquitz Canyon and Belardo. Within the project boundaries, buildings are proposed along Tahquitz Canyon Way, North Palm Canyon Drive and Belardo Road (Blocks A, B and C) to house a diverse array of retail and restaurant tenants. While specific tenants are not known at this time, the development provides for a mix of national and regional chains, as well as local businesses, which can be expected to modify and adjust overtime to achieve long-term success. 4. A balance of commercial and residential development which assures the success of the area by increasing the number of homes in the downtown, thereby increasing the customer base of the commercial uses. No residential development, except the 170-room hotel, is proposed at this time. However, future development west of Belardo Road (including Blocks D, F and G) may include permanent multiple family residences. The balance of commercial and residential development will be best served by the proposal to have commercial development nearest N. Palm Canyon Drive with residential development in the more westerly portion of the site. 009 5. The development of residential units which relate synergistically to the commercial development around them, and encourage a pedestrian lifestyle with little use for the automobile. Residential development is not presently proposed on the easterly half of the site (between Belardo Road and Palm Canyon Drive), except for the hotel. However, future residential development within the site (including Blocks D, F and G) will encourage a pedestrian lifestyle for those residents with little use for the automobile. 6. The development of additional resort hotels which provide luxury accommodations and increase the visitors to the City's downtown. A four-star hotel is proposed in the plan (Block C) to provide luxury accommodations and increase the number of visitors to the City's downtown. The hotel promises the potential for 24-hour and year-round activity within the project. PASSED, APPROVED, and ADOPTED this 17th day of October, 2012. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 010 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 22, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Oil SECOND AMENDMENT TO PFA This SECOND AMENDMENT TO PFA ("Amendment'), made effective as of the date fully executed, is by and between the City of Palm Springs, a California municipal corporation and charter city ("City"), and Palm Springs Promenade, LLC, a California limited liability company("Developer"),with reference to the following: RECITALS A. PFA. On or about September 29, 2011, the City and Developer entered into a Project Financing Agreement ("PFA"), which related to financing, development, redevelopment, creation, and refurbishment of Public and Private Improvements in the DFP Area of downtown Palm Springs. The PFA, and all documents attached to and/or executed pursuant to the PFA, are incorporated herein by reference as though set forth in full, and all defined terms therein shall, unless otherwise indicated, have the same meanings herein. B. Progress to Date. Subsequent to entry into the PFA, substantial progress has been made toward applicable goals and objectives set forth therein. Among other things, the Acquisition Escrow has closed and the City has acquired title to the Public Assets, the Bank of America building has been demolished, and Developer has nearly finalized information and documentation sufficient to submit a tentative tract map and major architectural application to the City. C. Proposed Modifications. Experience gained in connection with progress to date has lead the parties to recognize that plans for development and redevelopment of the DFP Area will evolve and change over time as negotiations and discussions with potential tenants, end users and design consultants occur and take place. By this Amendment, the parties desire to approve proposed modifications to date, and acknowledge and agree that pursuit of the Project requires flexibility and future adjustments, changes and/or refinements will occur and be incorporated as the process continues. NOW,THEREFORE, IT IS AGREED AS FOLLOWS: 1. Updated Site Plan. The original Project Site Plan (attached to the PFA as Exhibit A) is hereby replaced and superseded by the Updated Site Plan attached hereto as Exhibit"I". In the Updated Site Plan, certain Blocks have been re-designated, as follows: (a) former Block A-1 has been re-designated as Block A; (b) former Block A-2 has been re-designated as Block B and divided into b and b-1; (c) former Block C has been divided into blocks c and c-1; (d) former Block E has been re-designated as Block F; and (e) former Block F has been re-designated as Block E. As of the effective date of this Amendment,Block designations and references in the PFA, and in any and all documents attached to and/or executed pursuant to the PFA, shall be deemed changed as indicated in 1lPage 012 the Updated Site Plan, and herein. In addition, the parties approve proposed additional and/or alternative development and/or land uses as indicated on the Updated Site Plan. 2. Updates to Project Description. The original Project Description(attached to the PFA as Exhibit B) is amended and superseded to the extent provided in the Updates to Project Description attached hereto as Exhibit"II". 3. Event Area on Block F. The parties approve development and use of Block F as an Event Area for a period of ten years from the effective date of this Amendment. Developer will retain ownership of the Event Area, but City shall have an irrevocable right and license, for and during said ten year period, to use the Event Area for scheduling, holding, staging, allowing and/or conducting special events (and ancillary, related, and incidental purposes). Developer will have similar rights, provided they do not conflict with events and/or activities previously scheduled by City. City and Developer will cooperate with each other in use reasonable and good faith to avoid conflicts. Developer shall have full possession and control of the site, except when City is using it for event purposes. City shall provide reasonable (not less than 48 hours) advance notice to Developer as to when and for what purposes City will, from time to time, desire use of the site. Developer shall pay all costs to get the site in a condition to receive event equipment as designated by City, and City shall pay all costs of acquiring and installing such equipment. (For the purpose of this Amendment, the phrase "to get the site in a condition to receive event equipment" includes but is not limited to installation of all hardscape, landscape,perimeter and ancillary lighting, security systems, irrigation systems, access improvements and electrical, sewer, and audio-visual infrastructure; and the phrase "event equipment" means the installation of sound, lighting, projection, and special effects systems to be used in conjunction with the staging of events and performances.) During the ten year term, Developer shall maintain the site (but not the equipment) and advance and pay all costs reasonably incurred in connection therewith and the City will pay all costs to maintain the event equipment in a fast class condition. The Parties will meet and confer in good faith as provided herein on a plan for the equitable sharing of the maintenance costs required pursuant to this Agreement. Each party will be responsible for obtaining insurance or self insurance coverage sufficient to protect its own interests. During said ten year period, Block F will be used only as an Event Area, Thereafter, Developer may, subject to receipt of normal City approvals, develop and use Block F for any purposes authorized by the Museum Market Plaza Specific Plan ("Specific Plan). 4. Proposed Hotel in Block c-1. Consistent with the provisions of the Specific Plan, Developer may pursue development and operation of a 170+/- room first class new hotel in Block c-1. The Parties recognize that such a first class new hotel is eligible for assistance pursuant to Chapter 5.26 (as amended) of the Palm Springs Municipal Code ("Ordinance"). Accordingly, Developer intends to pursue development of the Palomar(or equivalent), a Kimpton Hotel, a high-end first class new hotel pursuant to the Ordinance (as referenced in Section 5.26.040 as amended), and City agrees to fully cooperate in that effort. City acknowledges that City Staff has done a preliminary review of basic plans for the hotel and concluded that, if timely commenced, constructed and 21Pa -, e 013 operated as proposed, it will qualify with the provisions of the Ordinance relating to first class new hotels. The parties further acknowledge that obtaining financing will require execution of a formal written agreement that sets forth terms and conditions relative to hotel development and operation, and implementation of the Ordinance in connection therewith. The parties agree that if, despite commercially reasonable efforts by Developer, Developer is unable to meet the requirements of the Ordinance, Developer shall have an additional 6 months, beyond any existing completion deadline, to secure entitlements, including building permits, for an alternative development plan for Block c-band an additional 12 months after issuance of building permits to complete such development in a manner authorized by the PFA. 5. Blocks H-1 and H-2 Reconstruction. With respect to the portions of Block H-1 and Block H-2 which do not include subsurface parking facilities, the parties agree that upon receipt of appropriate permits from City, Developer shall, at an additional cost to the City but without any profit or mark-up to Developer, do or cause to be done the following: (i) demolish and remove all existing improvements, i.e., concrete surface areas, walls, pavers, landscaping, etc., (ii) replace such improvements and level the site with compacted fill dirt, (iii) install new landscaping (grass, shrubs, trees, irrigation) and appropriate hardscape, (iv) install (on immediately adjacent areas for the benefit of subsurface parking) a new stairwell and mechanical exhaust ventilation system, as may be required by Code, and (v) install any other improvements as reasonably necessary for the completion of the Project. 6. Confirmation of Status. Each of the parties acknowledges, agrees and confirms that the PFA, and each of the documents attached to and/or executed pursuant to the PFA and approved by the City Council, are in good standing, and that neither party is in any way in default with respect to same. 7. Cooperation. Each party agrees to do and perform such other and further acts, and execute and deliver such other and further documents, as may be necessary, expedient or appropriate to effectuate the intents and/or purposes hereof 8. Effect of Amendment. To the extent provided and/or contemplated herein, the PFA, and all documents attached to and/or executed pursuant to the PFA, are deemed amended and superseded. Except to the extent provided and/or contemplated herein, the PFA, and all documents attached to and/or executed pursuant to the PFA, shall remain in effect as originally written. 9. Incorporation of Recitals and Exhibits. Each of the recitals set forth herein and each of the Exhibits attached hereto are incorporated by reference and made a part hereof as though set forth in full. 3 1 P a - e 014 IN WITNESS WHEREOF, the parties hereto have executed this Agreement and made it effective as and when specified above. DEVELOPER: PALM SPRINGS PROMENADE, LLC A California limited liability company By: Title: Dated: CITY: CITY OF PALM SPRINGS A California municipal corporation and charter city By: Title: Dated: ATTEST: City Clerk APPROVED AS TO LEGAL FORM: City Attorney 4 � Pa �� e 015 EXHIBIT A SITE PLAN 016 / USES PYm BIMyM Wren BLOCNA BLOCKS pmE pd BLOCNc vnY p-1 _ RETNL 0.E6TAVMNT6,OFFICEAVO.WV RETNL RESTAURANTS.OFFICE RFSIDENML PUBLICGNS;lOMS,HDTEL,RESTAURANTS. OTHER USESA LAMED UNDER APPROVED AND MY OT HE R USES NLOVIED RUMLOFFlCEANDDTHER USESALLO'AED \\A/ �/ MUSEUM MARNETPLVA6PELIFIC PUX UNDEP APPPDYEO MUSEUM MMIO:I PUU UNOERPPPROVED MUSEUM MMKETPI/SA APPROVED BYCDY COUNCIL DEC.2,2009 SPECIFIC PUX APPROVED BY D7Y COUNCIL SPECIFIC PIPN APPROVED BY CITY COUNCIL --... --' ••••_'I �G DEC.3.]➢69 DEC.S. B OCN0 / OROCFAY.OM.E.RETAIL RESIDENML BLOCKE BLOCK F _ RESTAURANTS AND ANY OTHER USES EJFM CENTERANDANYOTHE0.USES RETNL NOTE,OFFICE,RESIDENML ALLOMED UNOERTNEAPPRDYED MUSEUM ALLOVIEO UNDER APPROVED MUSEUM RESTAURAXTSANDANVOTHERMES yN " \ NAW2i PVSA6PECIFIC PUN gPPROVED BY iMRKETPLA]A6PECIFlC PLW APPROVED BV gLLON£p UXOE0.APPR0VEO MUSEUM FILM !I " CRY COUNCIL DEC.2,SGS CITY COUNCIL DEC.Z SSG MARKET PLAZA SPECIFIC PLAN APPROVED BY �XO _ C DY COU NCIL DEC.2.2COG AIL BLOCK. p RESIDENTIAL.RETAIL OFFICE,RESTAURANTS, HOTELAND ANY DTX ER USES ALLOYED 2T UN DER THE APPROVED MUSEUM MARKET P=SPECIFIC PUNAPPROVED BV CITY X EIUOE pmXHG i COUNCIL DEC.],]OtB gpE[IFlC PLAN ., W BWp4E X LAND USEINTEXBRIES PUMMNGARFASNL h R RETAILI RESTAURANT(OFFICE /SB0.O' BE BLOCK HOTELROOMS MS RWMS EvENTSPACE -4. I� RE..ANTUL Vp UNITS ] I Lve_.mtx 15mmnw inw PHASE ONE OF PUNNING AREA 4 I BL.LKD Fy OExELOPMEM R`OIXG MODS, vm0m BUGCCl dL RESTAURANT RETNL&HOTEL /1t..F r` FxT ] HOTEL ROOMS(INCLUDED INMONS SF) 1TSR..MS RESIDENTIAL BILK. . wBLOCK BLOCKbt __ xL L ail r —J _ LT •ENW.NCED PAMNOON BEWiDO. n / MVSHORM, ABµD WRKET 61REEf L K qS SHOKN BLOCKL I— = ♦ + _" 'Yl� _ 'SHADED hVOPYOVER MARKET � 1 K �LOLKR—I ` /v" STREET ■� r _ HIT' L._� m LLy HYATTRHOREL •REMOMBLE BOLLARDS AT THE f iso em FDLLCINNG INTERSECTIONS �� r •MAN STREET 6 BOUNDS mN � "F w .' BLOCKE _ _ 1 I ' •µDRFES S PALM CANYON II •^° + BLODxe t Il ;�-- •µDREASB BELARDO r, ,{ - ;` o[ } 'F. ^� a, T •MARKET STREET 6 MAINSTREET �f l _ � — �T _ � ~' i---+�-�` ."e `_ •MgRKET6iREET SANDREASRFAB xTiT��r i IIIIEJ JII �x a T 1M MASTERPLAN WE PLAN DOWNTOWN PALM SPRINGS EXHIBITS SCA E:160 WESSMAN DEVELOPMENT 201210M RmannryNl&J.MPNPHIIEC15.NiMWPS VS4R..iLG O H EXHIBIT B TO FIRST AMENDMENT TO PFA UPDATES TO PROJECT DESCRIPTION As of the effective date of the First Amendment to PFA ("Amendment')to which this Exhibit "IP' is attached, the original Project Description, as set forth on Exhibit "B" attached to the PFA, is amended and superseded as and to the extent provided below. 1. Undated Site Plan. Any reference to Site Plan shall be deemed to refer to the Updated Site Plan (Exhibit "P' attached to the Amendment), and future development and uses within Block areas shall be consistent with designations set forth on the Updated Site Plan. 2. Changed Block Designations. Block designations and references in the Project Description shall be deemed changed as indicated on the Updated Site Plan. 3. Block F. Any reference to a movie theater in Block F shall be deemed deleted, it being understood that pursuant to Section 2 of the Amendment, Block F will be designated for use as an Event Area for a period of ten years, and thereafter may, subject to receipt of normal City approvals, be developed for any purposes authorized by the Specific Plan or PFA. 4. Block A-1. Subject to receipt of normal City approvals, Block A-1 may be developed into a high end boutique hotel of approximately 160 rooms, and related and incidental uses, in general accordance with preliminary height and massing plans submitted to the City. 5. Bollards. Any reference to "electronically operated bollards" shall be deemed changed to refer to"removable bollards". 013 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS AMENDMENT NO. 2 TO THE PROJECT FINANCING AGREEMENT BETWEEN THE CITY AND PALM SPRINGS PROMENADE, LLC; AN ADDENDUM TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT; AND A CONFORMITY REVIEW UNDER SECTION V OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN, FOR THE IMPLEMENTATION OF A REVISED DOWNTOWN REVITALIZATION PLAN ("DOWNTOWN PALM SPRINGS") NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of October 17, 2012. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Amendment No. 2 to the Project Financing Agreement between the City and Palm Springs Promenade, LLC; approve an Addendum to the Museum Market Plaza Specific Plan Environmental Impact Report; and conduct a Conformity Review under Section V of the Museum Market Plaza Specific Plan, for the implementation of a revised downtown revitalization plan ("Downtown Palm Springs"). The 13.2-acre site is generally located at the northwest corner of North Palm Canyon Drive and Tahquitz Canyon Way. ENVIRONMENTAL DETERMINATION: A Final Environmental Impact Report (FEIR) was certified in 2009 in accordance with the provisions of the California Environmental Quality Act (CEQA) guidelines. An addendum to the FEIR has been prepared and will be reviewed by the City Council at the hearing. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs between the hours of 8:00 to 11:00 a.m. and 2:00 to 6:00 p.m. Monday through Thursday and submit written comments at, or prior to, the City Council meeting. REVIEW OF PROJECT INFORMATION: The Amendment to the Project Finance Agreement and the revised downtown revitalization plan ("Downtown Palm Springs") are also available for public review at City Hall between the hours of 8:00 to 11:00 a.m. and 2:00 to 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Craig A. Ewing, AICP, Director of Planning Services at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 '?t C C i v'w V, . 2012OCT 17 AN 8: 07 State Of California ss: J t h County of Riverside CITY CLF€ NO2Yt9 'NOTICE OF PUBLIC HEARING . CRY OF M SPRINGS Council . Advertiser: AMENDMENT No. �2 TO THE PROJECT AGREEMENT BETWEEN THE CITY FINANCING CITY OF PALM SPRINGS/LEGALS PROMENADE, LLC; AN AND D PTHE M SEUM PO BOX 2743 MARKS PLAZA SPECIFIC PLAN ENVIRONMENTAL IMPACT PALM SPRINGS CA 922632 OF AHD.A CONFORMITY REVIEW UNDER SECTION THE MUSEUM MARKET PLAZA, SPECIFIC PLAN, FOR THE 17ATIO pLA.1k Cp1 OF:A REVISED. INTOyyNi REVITALIZATION PLAfit(°DOWN70WN.M SPRINGS") Palm NOTICE IS HERE13Y GIVEN that the City Council of yig ,2000342072 of October in 2012.fThe Ci rnia II hold a public hearing at ps meeting of in the Council Chamber ary Council meeting:begins at 8:00 p.m., WaY,Palm Springs. '-Hap,3200 East iahquitz Canyon The Purpose of.the hearing is to consider Project Financing Agiesmant 'PPlHIldmemNo.2to the I am over the age of 18 years old, a citizen of the United Promenade, LLC;approve anbe�n -Cit'and Pahn Sp- States and not a party to, or have interest in this matter. I Plaza Specific Plan Environments)r'dum tq ryhe Museum and a d hereby certify that the attached advertisement appeared pi+conformity Renaw under Section V Of the.M�II MaIn rkey in said Dedfic Plan:forge impiams"laggn of in each and entirre issuer (set e of aid newspa not per and not ier than non n anyr ge^ere��n Man(°Doweto m palm Springs.).���d ems^ P P Y Dries and ia�ted at the north Patin supplement thereof on the following dates,to wit: hquilr Ca wt>&cornerU Nora' Cahyon Tryon Way.. ENVIRONMENTAL DETERMINATION: q Final Newspaper: .The Desert Sun ',pact Report IR)was cart�pd kp,,,.200g IrM.a �aEnl'�r+ 1 theWith guidelines. An addend isions of the California&W to duhental QlalltyAct(CEQA) 10/13/2012 will be rBvlmd by she 'FEIR Ir�bepn'PmP-amd and of the public 'rtew C0uncit at the heariing.Members ��ro! L' Heg, 3 'Edit. -f�eru+hhg;Servuces SPnrge'bMagehp the Baas Canyon of B:OBtp Way Palm P.m.Monday gabagh .a ail(�Kt2d#Oto 6:00 or prior tq me CIy T aM:s dpmd a ms at, RMFW !OiF •i , �. " to the"Pnilect .°. Amendment I acknowledge that I am a principal clerk of the printer of It revitalization or Public Plan ^7 The Desert Sun, printed and published weekly in the City a.m. and 2pa ef•&OOto 11:00 of Palm Springs, County of Riverside, State of California. cot} ctthe ON&; CAY Clark:a( �_ ,ThuradaX Please The Desert Sun was adjudicated a newspaper of general hp acheduisan@pMIn-h�-m twdZ Tfueae YOU Would circulation on March 24, 1988 by the Superior Court of the COMMENT" County of Riverside, State of California Case No. bemadewrbaly Pubi :. )his rwhce may 191236. letter �conlmanlis be,r^g , . C are kRxRY Councii by I declare under penalty of perjury that the foregoing is true 32PJames ThdnlpsonL OyClenk - way and correct. Executed on this 13th day of October, 2012 in - O .�Ta�z nyon ' +yd>aleeags, ° Palm Springs,California._ raising any aaose i.ues+alead afar® "!o in This notice,a in written co,. at.ruda'pue hearing described Clerlr at,Or Prior,tome public hearing.tf;p. nme^-— to the City 60009(b)(2)). f1 _ directed An'onps uCraig A-Effifift rily,"All.be:ghan at saki be heard Questions , {haarin9 for all Interested Declarark's Sig atnre (760323%�6245 .. .AAA,DheslOr of Plermhug SerVices at S323 S0agla'Y Pusds bob*con N .-ate a(760) iB°�7 cap irk�\i°. PuMlehga:,10'/'13ri2 STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt#: 201200765 State Clearinghouse#(if applicable): Lead Agency: CITY OF PALM SPRINGS Date: 11/27/2012 County Agency of Filing: Riverside Document No: 201200765 Project Title: DOWNTOWN PALM SPRINGS REVITALIZATION/REDEVELOPMENT PROJECT Project Applicant Name: PALM SPRINGS PROMENADE,LLC Phone Number: 760-323-8245 Project Applicant Address: C/O CITY OF PALM SPRINGS 555 S. SURISE WAY#200 PALM SPRINGS,CA 92264 Project Applicant Private Entity CHECK APPLICABLE FEES: ❑Environmental Impact Report ❑Negative Declaration ❑Application Fee Water Diversion(State Water Resources Control Board Only) ❑Project Subject to Certified Regulatory Programs %❑County Administration Fee $64.00 ❑Project that is exempt from fees(DFG No Effect Determination(Form Attached)) ❑Project that is exempt from fees(Notice of Exemption) Told/Received $64.00 Signature and title of person receiving payment o - Notes: 00 W J �RIVEERSIDEE COUNT DD NOV 2012 LARRY W.WARD,CLERK By )e.AJ&yron R.Anderson Deputy NOTICE OF DETERMINATION (AMENDED) TO: From: v Office of Planning and Research City of Palm Springs 1400 Tenth Street, Room 121 3200 E.Tahquitz Canyon Way Sacramento, CA 95814 Palm Springs, CA 92262 X County Clerk's Office County of Riverside 2720 &2724 Gateway Drive Riverside, CA 92507 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Proiect Title: Downtown Palm Springs Revitalization/ Redevelopment Project (Museum Market Plaza Specific Plan, Desert Fashion Plaza Site) State Clearinghouse Number: N/A (If submitted to Clearinghouse) Lead Agency Contact Person: Edward O. Robertson Area Code/Telephone/ Extension: 760.323.8245 Proiect Location: Approximately 13.2 acres located at the northwest corner of North Palm Canyon Drive and Tahquitz Canyon Way, Palm Springs, Riverside County, California. d6"A4,qAPap) Name and Address of Developer/Applicant or Proiect Sponsor. DW1erafl0n/Nto Determination Flled per P.R.C.21152 Palm Springs Promenade, LLC POSTED 555 S. Sunrise Way, Suite 200 Palm Springs, CA 92264 NOV 2 7 2012 Proiect Description: f Removed: On December 2, 2009, the City as lead agency certified the Museum Market Plaz vironmg l Impact Report ("EIR"), and adopted the Museum Market Specific Plan. The redevelopment GpORpel ite was specifically contemplated by the Museum Market Specific Plan and analyzed in the Museum Me aza Specific Plan EIR. On September 7, 2011, the City approved a Project Financing Agreement for the redevelop nt of the Desert Fashion Plaza Site, within the boundaries of the Museum Market Plaza Specific Plan, which included a renovation plan comprised by site plans and development plans. On October 17, 2012, the City Council approved a Second Amendment to the Project Financing Agreement (the "Second Amendment") which included a revised renovation plan comprised by revised site plans and revised development plans. A copy of the revised site plan is attached hereto and incorporated by reference. Pursuant to the revised renovation plan in the Second Amendment, the redevelopment of the Desert Fashion Plaza Site will now include, among other things: a hotel of approximately 170 rooms at the northeast comer of Belardo and Tahquitz 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, west of the Palm Springs Art Museum, to include new landscaping and related hardscape and other improvements (the "Project"). On October 17, 2012, the City Council also found that the Project conformed to the Museum Market Plaza Specific Plan. The City determined that the Project is within the scope of the Museum Market Specific Plan EIR and will 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 Museum Market Specific Plan EIR. The City, therefore, prepared an Addendum to the Museum Market Specific Plan EIR which was approved by the City Council on October 17, 2012. No further environmental review is required. (Public Resources Code § 21166; CEQA Guidelines §§ 15162, 15164.) 885564.1 This is to advise that the City of Palm Springs (lead agency) has approved the above described project on October 17, 2012 and has made the following determinations regarding the above described project: 1.The project[®will ❑ will not] have a significant effect on the environment. 2.®An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑A Negative Declaration was prepared and approved for this project pursuant to the provisions of CEQA. 3.Mitigation measures [®were ❑were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [®was ❑was not] adopted for this project. 5.A statement of Overriding Considerations [®was ❑was not] adopted for this project. 6. Findings [®were ❑were not] made pursuant to the provisions of CEQA This is is to certify that the Museum Market Plaza Specific Plan EIR, Addendum to the Museum Market Plaza Specific Plan EIR, and record of project approval is available to the General Public at: City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm prings, CA 92262 � .[[ a _.,!I r 1 November 26, 2012 }Tf�. Nct PAS_. Skfnature Date Title 885564.1 uBBs PVIm BpMpaM Museum BIOCNA BLOCKS,B M 41 BIOCKC,cmMI RETAIL RESTAURANTS,POLICE SUBSTATION PURIC RESTROOMB.POLKE SUBBTATON xOTEL RESTAURAAMT,BETAS- FPS:EAR. EITHEFA OR BI,OFFICE AND ANY OTHER IEnER A OR BA RETAIL RESTAURANTS, OTHER USESALLOAED UNDER APPROVED USES A-lCMD UNDER APPROVED MUSEUM OFFCE HOTEL RESIDENTUM-ANO ANY OTHER MUSEUM MARKET PL SPECIFIC PLAN MARKET PIAEA SPECIFIC PUN APPROVED BY USES ALLtlAED UNDER APPROVED MUSEUM APPROVED BY Cm COUNCIL DEC.2.200S -- CITY COUNCIL DEC.3,30A MARKET PL SPECIFIC PLAN APPROVED BY `• '�L CITY COUNCIL DEC.t,MW BLOCK P H.MUSEUM OflNE - WAR, BLOCK RETAIA RANTS OFFICE GROCEOTHER USES • RESTAURANTS Y OFFICEAND RETAIL ANYOHERI RESIDENTIAL EVENT CENTERAND A-LONVD UNDER DPROVEDEM USES RELTMDUNDER THE APPROVED DMU EVLOWEDUERANDARYOTHER SEUM AYONEDUNDESPEC APPROVED MUSEUM " MANKETDUNDERTXEAPPROVELMUVED ALLWEDUOtASPEPRCVEOMUSEUM MARKETPVIDEC.2.FILPLVIAPPROJE00Y MARHEUNCILD ECIFILPIANAPPROVED BV CIIRKETPWASPECIFIC pLW APp0.0JED BY Cm COUNCIL DEC.3.ZDB Cm LOUXLILOE43.3LYIB Cm LOLnIGL DSc.;YMi BLOCKG ARE, R FME HOTEL NDA RETAIL OTHER USESALLSLWRAMS. Suu'scwfu UNDER ANY OVER MUSEUM OPEO {f, O UNCE0.THE APPROYEOMUB ROVED fSY CM ? PLANSPDEC.Z RANAPPROVEO BY cm LOUNGE DEC.23LVB MAX LAND USE INTENSITIES `U Z PuxxYq AREA.01 RETULI RESTAURANTIOFFILE AI,DA BF u! HOTEL ROOMS 545 ROOMS �rWF BLOCKS RESIDENTIAL MO UNITS BDOTUP "'- EV[MSMCE PIWECNEOI PIAYNINOARFABI { DEVPLOeM zz 1, BLOCKS"I BFN O F OEVELLPMEHT p .HC ewE rr..r RESTAURANT RETAIL S HOTEL 4110meFN- L EM I NTUFE HOTEL ROOMS KNCUUDEO NI ABOVE S.F.) IRS ROOMS N� RESIDENTIAL 0 UNITS H- p MWD BLOCK BLOC K I '_ I' '. •ENHANCED MnxO ON SELARDO. r �' —.. MAIN.ANDREASANO wRKETBIREET p ♦ AS LHOYM BLOCKC r "u 1 L ,�` vO PT.NAL SHADE STRUCTURE v - ^r BK- _ -> _ '.`. OVER MARKET STREET il.T F - Moc �_'—'- ��' `� EwsrMB 4 .aEM Ba avgBLE LURm AT THE • . I 5 ____ �a�mom -I WATT lwT¢ _ FaLmsaxDINTERBEcnoxe J L LARDO AWNSTREET&SELM CANYON ALVNBTRE PALM CANYON •ANDREAE S PALM CANYON i �A �� 1vTa MNiOAIY BLOCKS ••e.M � Y •gXDREASf BEIARDO uw[ �mvman 1 I •MARKET STREET f WIN STREET •MARKET STREET SANDRFIB ar..^4"utF..V3"+.IT �.'u.'. .a.�w. vAe—b W�at�.:"raa—•S 1 •:-. ' > L Cox; _.__� . . EOMM SA MIE MASTERPLAN/SITE PLAN DOWNTOWN PALM SPRINGS EXHIBITS BCA Et:BO WESS—MA IN C I - 201211 OB ' pr.TmmIAAL.HiFNIFAiHSE-s•wL.cF:..Dew sa STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt#: 201200687 State Clearinghouse#(if applicable): Lead Agency: CITY OF PALM SPRINGS Date: 10/18/2012 County Agency of Filing: Riverside Documew No 201200687 Project Title: MUSEUM MARKET PLAZA SPECIFIC PLAN;DESERT FASHION PLAZAS SITE Project Applicant Name: PALM SPRINGS PROMENADE,LLC Phone Number: Project Applicant Address: 555 S. SUNRISE WAY SUITE 200 PALM SPRINGS CA 92264 Project Applicant. Private Entity CHECK APPLICABLE FEES: ❑Environmental Impact Report ❑Negative Declaration ❑Application Fee Water Diversion(State Water Resources Control Board Only) ❑Project Subject to Certified Regulatory Programs XJ County Administration Fee $64.00 X❑Project that is exempt from fees(DFG No Effect Determination(Form Attached)) ❑Project that is exempt from fees(Notice of Exemption) Total Received $64.00 Signature and title ofperson receivingpayment Notes: STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt#: 201200807 State Clearinghouse#(if applicable): 2008061084 Lead Agency: CITY OF PALM SPRINGS Date: 12/12/2012 County Agency of Filing: Riverside Document No: 201200807 Project Title. DOWNTOWN PALM SPRINGS REVITALIZATION/MUSEUM MARKET PLAZA SPECIFIC PLN Project Applicant Name: PALM SPRINGS PROMENADE,LLC Phone Number: Project Applicant Address: 555 S. SUNRISE WAY#200 PALM SPRINGS CA 92264 Project Applicant: Private Entity CHECKAPPLICABLE FEES: ❑Environmental impact Report ❑Negative Declaration ❑Application Fee Water Diversion(State Water Resources Control Board Only) ❑Project Subject to Certified Regulatory Programs ❑X County Administration Fee $50.00 X❑Project that is exemptfrom fees(DFG No Effect Determination(Form Attached)) ❑Project that is exempt from fees(Notice of Exemption) Total Received $50.00 rA Signature and title of person receiving payment: Notes: N O C7_ . L C N W 3 NOTICE OF DETERMINATION (AMENDED) To: From: Office of Planning and Research ,�Y of Palm Springs 1400 Tenth Street, Room 121 ' IVERSIrL 0��`ahquitz Canyon Way Sacramento, CA 95814 C`L gs, CA 92262 X County Clerk's Office DEC 12 2012 County of Riverside CARRY W WARD,CLERK 2720 &2724 Gateway Drive 8y 4'" . Riverside, CA 92507 d Meyer Deputy Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Proiect Title: Downtown Palm Springs Revitalization/ Redevelopment Project (Museum Market Plaza Specific Plan, Desert Fashion Plaza Site) Ne 9 DecC( fior/ U lara§or,�r t,.i State Clearinghouse Number: 2008061084 Filed per FR.:, �C"n,j1`J_ Lead Agency Contact Person: Edward O. Robertson DEC 12 e.-,e2 Area Code/ Teleohone/ Extension: 760.323.8245 Removed: /' 2Yr/ Proiect Location: Approximately 13.2 acres located at the northwest rner of N a»yon Drive and Tahquitz Canyon Way, and east of North Museurr C%hF +versa s,�,.Ri74yside County, California Name and Address of Developer/Applicant or Proiect Sponsor: Palm Springs Promenade, LLC 555 S. Sunrise Way, Suite 200 Palm Springs, CA 92264 Proiect Description, On December 2, 2009, the City as lead agency certified the Museum Market Plaza Specific Plan Environmental Impact Report ("EIR"), and adopted the Museum Market Specific Plan. The redevelopment of the Desert Fashion Plaza site was specifically contemplated by the Museum Market Specific Plan and analyzed in the Museum Market Plaza Specific Plan EIR. On September 7, 2011, the City approved a Project Financing Agreement for the redevelopment of the Desert Fashion Plaza Site, within the boundaries of the Museum Market Plaza Specific Plan, which included a renovation plan comprised by site plans and development plans. On October 17, 2012, the City Council approved a Second Amendment to the Project Financing Agreement (the "Second Amendment") which included a revised renovation plan comprised of revised site plans and revised development plans. Pursuant to the revised renovation plan in the Second Amendment, the redevelopment of the Desert Fashion Plaza Site will now include, among other things: a hotel of approximately 170 rooms at the northeast corner of Belardo and Tahquitz 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 "Project"). On October 17, 2012, the City Council also found that the Project conformed to the Museum Market Plaza Specific Plan. The City determined that the Project is within the scope of the Museum Market Specific Plan EIR and will 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 Museum Market Specific Plan EIR. The City, therefore, prepared an Addendum to the Museum Market Specific Plan EIR which was approved by the City Council on October 17, 2012. No further environmental review is required. (Public Resources Code § 21166; CEQA Guidelines §§ 15162, 15164.) 885564.1 This is to advise that the City of Palm Springs (lead agency) has approved the above described project on October 17 2012 and has made the following determinations regarding the above described project: 1-The project [®will ❑ will not] have a significant effect on the environment. 2.®An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑A Negative Declaration was prepared and approved for this project pursuant to the provisions of CEQA. 3.Mitigation measures [®were ❑were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [®was []was not] adopted for this project. 5.A statement of Overriding Considerations [®was []was not] adopted for this project. 6. Findings [®were []were not]made pursuant to the provisions of CEQA. This is is to certify that the Museum Market Plaza Specific Plan EIR, Addendum to the Museum Market Plaza Specific Plan EIR, and record of project approval is available to the General Public at: City of Palm Springs, 3200 E. Tahquitz Canyon Wa , Palm Springs, CA 92262 December ll 2012 tIP4&bCl lIgnature Date Title 885564.1