Loading...
HomeMy WebLinkAbout2006-03-01 STAFF REPORTS 2E � ,�pALM S.. �2 C V N h M NCB M cqt/FO CITY COUNCIL STAFF REPORT DATE: March 1, 2006 CONSENT AGENDA ITEM SUBJECT: A REVIEW OF PROPOSED EXTERIOR ALTERATIONS TO THE OASIS HOTEL, A CLASS 1 HISTORIC SITE, PER SECTION 2 OF RESOLUTION 15424, LOCATED AT 121-A SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15, APN 513-143-008-009. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a review of exterior alterations to Oasis Hotel tower element and the attached structure per Section 2 of Resolution 15424 which requires review by the City Council for exterior alterations, located at 121 South Palm Canyon Drive, Zone CBD, Section 15, RECOMMENDATION: 'I. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING EXTERIOR ALTERATIONS TO THE OASIS HOTEL TOWER AND ATTACHED STRUCTURE, A DESIGNATED CLASS 1 HISTORIC SITE, LOCATED AT 121-A SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." PRIOR ACTIONS: On February 8, 2006, The Planning Commission voted 6-0 with 1 abstention to approve Conditional Use Permit Case 5.1076 for the adaptive reuse of a non-operating hotel to a 280-seat restaurant/bar, architectural alterations, and the construction of a parking lot for the Historic Class 1 site The Oasis Hotel. Pursuant to Section 2 of Resolution 15424, which requires City Council approval for alteration to the Oasis Hotel tower or the attached structure, the Planning Commission reviewed the proposed alterations and recommended that the City Council approve the exterior alterations to the historic structure located at 121-A South Palm Canyon Drive. Item No. 2 . C . City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 2 of 12 On December 13, 2005, the HSPB reviewed the project with the revised staircase design and voted 5-0 (1 absent) to approve the revised staircase design, landscape plan, and paint color with the understanding that refinements may occur and to have the HSPB subcommittee continue to work with the AAC and the project architect on architectural details. The demolition of the two buildings on the western portion of the :site was not considered significant and therefore, no mitigation was required as a part of the HSPB's approval. On December 12, 2005, the Architectural Advisory Committee reviewed the project and voted 8-0 to recommend approval of the project subject to the following: 1) Approve the second of two schemes presented for the staircase 2) Use metal instead of wood for the decorative lattice on the Tower. 3) Use composite wood instead of real wood for all other areas of the project. 4) Add more grey to the olive paint colour. 5) Submit a final landscape and lighting plan in order to ensure that the view of the Tower is not obstructed. On November 29, 2005, the HSPB met at the project site for a field review of the proposed modifications to the exterior and interior of the Class 1 historic site and the listed historic structures. Following the on-site review, the Board reconvened at City Hall to receive additional public testimony regarding the staircase addition, proposed saw cuts of the decorative concrete for new doors and windows, and other modifications to the historic structures. The Board voted 3-2 (1 absent) to approve the exterior modifications to the Class 1 historic site and attached historic structure, demolition of the two buildings on the western portion of the site, and the concept of a staircase in the proposed location (on the north elevation). A subcommittee of two Board members was appointed to work with the project architect and AAC to create a staircase design that incorporated the concerns voiced by the public and the Board regarding keeping the staircase light and airy in order for it not to detract from or obstruct view of the historic structure. On November 14, 2005, the Historic Site Preservation Board (HSPB) initially reviewed the proposed exterior modifications to the Oasis Tower and attached structure, a Class 1 historic resource, and the remainder of the buildings, which is listed on the 2004 Citywide Historic Resources Survey. The HSPB also reviewed the historical assessment that was prepared for this project. While the overall plan of improvements was acceptable to the HSPB, there remained significant concerns regarding the addition of an exterior staircase on the north elevation of the Oasis Tower attached structure, intended to provide access to the 2"d floor dining area from the Palm Canyon Drive sidewalk, and whether or not it obstructed the view of the Oasis Tower. The HSPB voted 6-0 to continue the project in order to schedule an on-site field review of the project. ��rv! . City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 3 of 12 On December 3, 2004, an interior non-structural demolition permit was issued by the Building Department to allow removal of illegal and deteriorating elements on the interior of the building only. ANALYSIS 'The Oasis Hotel Tower and attached structure was designated a Class 7 (now Class 1) historic site on February 6, 1985. The original Oasis Hotel, constructed between 1923 <and 1925, contained approximately 20 units and included the Tower. The Modern/Art Deco style hotel, designated by Lloyd Wright, the son of Frank Lloyd Wright, was constructed of solid concrete using a slip-form technique. Resolution No. 15424, which designated the site, indicated that any exterior alteration to the Oasis Tower and attached structure would require approval of the City Council, that the site was suitable for adaptive reuse, and that the owner should continue to investigate the possibility of such use. The resolution and exhibit showing the designated structure is attached to this report. There has been significant discussion and public comment received regarding the staircase addition on the east elevation of the main building. The staircase design was revised and approved by the HSPB and recommended for approval by the AAC. In approving the design, the HSPB indicated that the low-scale design of the staircase balanced the need to preserve the north elevation of the building while providing necessary access to the 2"d floor dining area from the sidewalk. Pursuant to Section 8.05.125 of the Municipal Code Created by council: "The city council may designate one or more historic sites or districts by following the procedures specified in this chapter. Designations will be made by categorizing nominated sites and districts into one of the following classifications and such other categories as may be designated by resolution: Class 1. Structure/site qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained. Structure/site may not be modified nor objects removed without the approval of the city council; usage may be limited by the city council to the extent that it may impair the integrity of the site. Site will be plaqued. (Intended for use when the structure or site still exists as it did during the historical period or is restorable)." A more detailed analysis of the project can be seen in the attached Planning Commission Staff Report dated February 8, 2006. After the recommendation of approval from the Historic Site Preservation Board, the Planning Commission reviewed the proposed alterations and recommended that the City Council approve the exterior City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 4 of 12 alterations to the historic structure. Findings in support of the approval for the alterations to the Oasis Hotel are included in the attached draft resolution of approval. A Mitigated Negative Declaration (MND) was prepared for this project in accordance with the California Environmental Quality Act (CEQA) Guidelines and approved by the Planning Commission for the associated Conditional use Permit on February 8, 2006. FISCAL IMPACT: Finance Director Review: No fiscal impact. 400 Thomas WilsW,, Assistant City Manager Direct Plann' g ervices Developme0Services David H. Ready, City Attachments: 1. Vicinity Map 2. Draft Resolution 3. Resolution No. 15424 dated 10-17-1986 4. Planning Commission Staff Report City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 5 of 12 Department of Planning Services w N E Vicinity Map ❑ O O Z tWj) U L TAHOUITZ DR r CC G d ❑ Q � V O z ❑ 4 of J O_ W ❑ O Z 4 }� d _ 7 U a � ARENAS RD a ARENAS RD Legend She — L.J 500 Feet City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 6 of 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING EXTERIOR ALTERATIONS TO THE OASIS HOTEL TOWER AND ATTCHED STRUCTURE, A DESIGNATED CLASS 1 HISTORIC SITE, LOCATED AT 121-A SOUTH PALM CANYON DRIVE, ZONE CBD,SECTION 15." WHEREAS, Oasis Plaza — Brandenburg & Lyle (the "Applicant) has filed an application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code, for a Conditional Use Permit (CUP) for the adaptive reuse of a hotel to a restaurant and associated improvements and Architectural Approval for exterior modifications to a Class 1 historic site located at 121-A South Palm Canyon Drive, Zone CBD, Section 15; and WHEREAS, on February 6, 1985, the Oasis Tower and attached structure was designated a Class 7 (now Class 1) historic site by the City Council; and WHEREAS, on October 17, 1986 Section 2 of adopted Council Resolution No. 15424 requires City Council Approval for exterior alterations to the Oasis Hotel Tower; and WHEREAS, the remainder of the Oasis building complex was listed on the 2004 Citywide Historic Resources Survey; and WHEREAS, on November 29, 2005, the Historic Site Preservation Board voted 3-2 to approve the exterior modifications to the Class 1 historic site, with the exception of the exterior staircase, and demolition of the buildings on the western portion of the site; and WHEREAS, on December 13, 2005, the Historic Site Preservation Board voted 5-0 to approve the staircase design, landscape plan, and paint colour subject to further refinements; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1093 CUP was given in accordance with applicable law; and WHEREAS, on February 8, 2006, following a public hearing where the Planning Commission considered a staff report and public testimony, both written and oral, the Commission approved Case No. 5.1093 CUP and recommended approval to the City Council of the proposed alterations to the Oasis Hotel; and d-)('� City Council Staff Report Case 5,1076 Oasis Hotel March 1, 2006 Page 7 of 12 WHEREAS, a Mitigated Negative Declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, on March 1, 2006, the City Council reviewed the proposed alterations to the exterior of the Oasis Hotel, and carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: A Mitigated Negative Declaration (MND) was prepared for this project in accordance with the California Environmental Quality Act (CEQA) Guidelines, was circulated for a 20-day public review period ending on February 8, 2006. SECTION 2: The proposed project meets the required Conditional Use Permit findings set forth in Section 94.02.00 of the Palm Springs Zoning Code, as follows: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The Conditional Use Permit is required for a restaurant/bar pursuant to Section 92.09.01 of the zoning ordinance. While "bars" are not a specifically identified land use in the zoning ordinance, "beer gardens" and "cocktail lounges" are listed as permitted uses with CUP. A bar is substantially similar to the aforementioned land uses in terms of operation and potential impacts and therefore, staff has determined that a CUP is required. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The project site has a General Plan designation of CBD (Central Business District) which has identified goals to create, "An environment which integrates shopping with entertainment, cultural events, dining and leisure activities..." and recognized the area between Alejo Road and Ramon Road as the, "...principal activity center..." of the Downtown. The General Plan also has an objective to create, "Food service as a prominent focus l City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 8 of 12 of color and diversity on the retail areas..." The project furthers these goals and objectives by proposing a restaurant/bar concept that will open during the daytime and evening hours and will be similar in operation to other successful restaurants in the downtown area. The proposed project is also surrounded by other commercial/retail and restaurant uses in addition to the Plaza Theater and the temporary Pavilion Theater. The project will contribute to the integration of commercial, dining, and cultural uses and the activity level of the downtown area. The project is also consistent with the following General Plan policies: Policy 3.15.1 which states: "Encourage a full diversity of high-quality uses, attractive to both the resident and the visitor, including...retail, entertainment, cultural, food sales and service..." and Policy 3.15.6 which states: "Encourage a wide array of eating and drinking facilities that are oriented to the pedestrian environment...Many should offer outdoor dining in settings that are attractively designed and landscaped." As mentioned above, the project will contribute to the diverse character of the downtown area by increasing the mix of food service uses in addition to the existing retail and entertainment uses. The restaurant/bar will be distinctive in the sense that it will incorporate historic elements into the restaurant theme. The project proposes two outdoor dining areas: in the I courtyard area south of the Tower and in the corridor between the Tower and attached structure and the adjacent commercial complex. The dining in the corridor will increase the visibility of the restaurant from Palm Canyon Drive while the dining in the courtyard is intended to provide an ' attractive open-air dining experience. A third potential outdoor dining area could be the roof deck, above the 2nd floor dining area, that overlooks Palm Canyon Drive. While occupant load will be determined by Building and Fire codes, the applicant has indicated that the roof deck could be ' reserved for special occasions. The project is also consistent with Policy 3.17.2 which states: V (91r'Y City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 9 of 12 "Eliminate or correct blighting influences, including deteriorating buildings, incompatible and uneconomic land uses, obsolete structures, and other environmental, and economic and social deficiencies." Due to the fact that the hotel has not been operational for an extended period of time, the existing buildings on the site have had significant vandalism problems, which have led to the deterioration of the buildings. While the owner has made efforts to reduce the vandalism through on-site security and other proactive measures, vandalism of the site continues. The introduction of an active use to this important historic site would eliminate the problems associated with the unoccupied buildings and preserve the character-defining features of the Oasis Tower and adjoining structure. The approved demolition of the two buildings on the western portion of the site will also eliminate two obsolete structures that have been significantly altered, have lost their utility, and are a crime and vandalism magnet. The construction of a new parking at the rear of the building will help to address the deficient parking that currently exists for the entire property. Therefore, the project is consistent with the goals, objectives, and policies of the General Plan. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project is for the adaptive reuse of an existing historic structure. No expansion of the existing concrete structure if proposed. The only addition proposed is a 2"d floor outdoor covered bar area immediately east of the dining area. This addition will not exceed the existing building height and will not violate setbacks as required by the CBD zone. The site is surrounded by commercial uses on all sides and the rehabilitation of the site will be a benefit to the downtown area. Therefore, the site is adequate in size and shape to accommodate the proposed use. 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The site will be accessed by pedestrians primarily from Palm Canyon Drive and from the proposed parking lot to the west of the restaurant/bar. The site has frontage on three public streets: Tahquitz Canyon Way (major thoroughfare) to the north, Belardo Road (collector) to the west, and South Palm Canyon Drive (secondary thoroughfare) to the east. City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 10 of 12 These streets have the capacity to carry the traffic expected to be generated from the proposed project. However, conditions of approval have been included to ensure that traffic on Tahquitz Canyon Way is not adversely affected by turning conflicts due to vehicle stacking at the Tahquitz Canyon Way/Palm Canyon Drive intersection. Therefore, it is not anticipated that the project will generate enough trips to exceed the capacity of the surrounding public streets. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The conditions of approval are imposed to protect the public health, safety, and welfare. Conditions of approval relating to access to the parking lot are included specifically to address traffic safety concerns. Conditions of approval have also been included to address the daily operation of the restaurant/bar to ensure that there is no adverse impact on the surrounding areas. SECTION 3: The proposed project meets the guidelines for Architectural Approval set forth in Section 94.04.00 of the Palm Springs Zoning Code, based on the following. The proposed improvements include: 1. Remove and replace deteriorated materials such as wood lattice and doors either with metal or composite wood. Original doors and windows in good condition will be restored. 2. Remove and replace balcony railings on the north elevation and courtyard (south) elevation. 3. Addition of glass guardrail at the Tower observation area. 4. Replace the existing roof with a standing seam metal roof. 5. Addition of an exterior staircase that leads to the 2Id floor dining area on the north elevation. 6. New corridor and courtyard landscaping and courtyard fountains. 7. Sawcuts of the decorative concrete for new window and door openings for the kitchen (west elevation) and entrance into the ground floor dining area (north elevation). 8. New outdoor covered bar on the second floor that will extend immediately east of the dining area. 9. New exterior stair and elevator at the Tower in order to comply with current ADA regulations. 10. Repaint of the concrete structure to match the original colour. 11. Painting of the new lattice and railings. City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 11 of 12 These improvements have been reviewed and approved/recommended for approval by the Historic Site Preservation Board and Architectural Advisory Committee and recommendations from both bodies have been incorporated into the conditions of approval for this project. The proposed improvements and materials preserve and restore the character-defining features of the historic site and are sympathetic to Lloyd Wright's Modern/Art Deco design. The improvements have also been analyzed in a historical assessment for the project and found to conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties. The low-scale stairway design also preserves the north elevation of the Oasis Tower building while providing some visibility for the 2"d floor restaurant. In addition, with the exception of a 2"d story bar, the project proposes no expansion of the existing concrete structure and therefore, would not create any additional intrusions onto adjacent structures and properties. The 2"d story bar addition is compatible with the existing architecture and is in scale with the existing height and mass of the building. The preliminary landscape plan submitted for the project also shows sensitivity to the designated historic site by providing an attractive outdoor dining area without obstructing the primary views of the Tower. SECTION 4. The proposed exterior alterations to the Oasis Hotel described in Case :i.1076 and located at 121-A South Palm Canyon are approved. ADOPTED, this 1 st day of March, 2006. MAYOR ATTEST: City Clerk City Council Staff Report Case 5.1076 Oasis Hotel March 1, 2006 Page 12 of 12 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 February 15, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION INO. 15424 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE OASIS HOTEL TOWER AS A CLASS 7 HISTORIC SITE. WHEREAS the Oasis Hotel Tower and its associated personages have contributed substantially to the history of the City of Palm Springs; and WHEREAS Chapter 8.05 of the Palm Springs Muncipal Code allows for the designation of historic sites; and WHEREAS on October 8, 1984 the Historic Site Preservation Board initiated pro- ceedings to designate the Oasis Hotel 'rower as an historic site; and WHEREAS on January '14, 1985, the Historic Site Preservation Board held a public hearing on said designation and unanimously recommended to the City Council designation of said property as a Class 7 Historic Site; and WHEREAS the City Council concurs in the recommendation of the Historic Site Preservation Board regarding the historic value of the Oasis Hotel Tower; and WHEREAS the designation of the Oasis Hotel Tower shall Further the purposes and intent of Chapter 8.05; and WHEREAS the designation of the Oasis Hotel Tower shall promote the sensitive preservation of said site. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California as follows: Section 1. The Oasis Hotel Tower, along with the attached structure, as shown on attached Exhibit A,shall he designated a Class 7 Historic Site pursuant to Chapter 8.05 of the Palm Springs Municipal Code. Section 2. No permit for the exterior alteration to the Oasis Hotel Tower, or the attached structure, shall be granted without the prior approval of the City Council. Section 3. The Oasis Hotel Tower may be suitable for adaptive reuse and the owner(s) of the subject structures are encouraged to investigate potential uses and to enter into discussion with the City regarding said reuse. ADOPTED this 6th day of February 1985. AYES: Councilmembers Birer, Foster, Smith and Mayor Bogert NOES: None ABSENT: Councilmember Maryanov ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Mara7er I REVIEWED & APPROVED: WP/P6 Resolution 15424 EXAMIT A I•„`1 i a I x i � w OASIS o � GON►M"Glgl. 604. \d J v I x 7 unrby = 0. a , Towtr J oAStl" �' r1 f }t i n g ykoTF.0 I m }"I 9 7 \ � tr +- 7c � - \ p• .- m m DEs4.ArtpO ROAD j�,7 O1�QALM Spy i2A. x � + OF�iEO♦AFC cq<�FORN�p Planning Commission Staff Report Date: February 8, 2006 Case No.: 5.1076 CUP Application Type: Conditional Use Permit, Architectural Approval Location: 121-A South Palm Canyon Drive Applicant: Oasis Plaza — Brandenburg & Lyle Zone: CBD General Plan: CBD APN: 513-143-008, 009 From: Director of Planning Services PROJECT DESCRIPTION An application has been submitted by Oasis Plaza — Brandenburg and Lyle for a Conditional Use Permit for the adaptive reuse of a non-operating hotel to a 280-seat restaurant/bar, architectural approval for exterior improvements to a historic structure, and the construction of a parking lot located at 121-A South Palm Canyon Drive, Zone CBD, Section 15. RECOMMENDATION That the Planning Commission: 1. Adopt a Mitigated Negative Declaration for the proposed project; 2. Approve a Conditional Use Permit for a 280-seat restaurant/bar and associated improvements at 121-A South Palm Canyon Drive; and 3. Recommend that City Council approve exterior improvements to the. Oasis Hotel Tower and attached structure, a designated Class 1 historic site. �� n Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 BACKGROUND AND SETTING The subject property is approximately 1.5 acres and is surrounded by Tahquitz Canyon Way to the north, Belardo Road to the west, South Palm Canyon Drive to the east, and commercial buildings to the south. The property currently has four primary buildings: • A two-story commercial/office/restaurant complex with operating businesses at the northeast portion of the property, • The Oasis Hotel and Tower building and attached structure at the southeast portion of the site, • A two-story building at the southwest portion of the site with a ground floor that was constructed at the same time as the Oasis Hotel, and • A two-story building at the northwest portion of the site that was constructed at a later date. There is an existing 26-space parking lot immediately behind the commercial/office/restaurant complex. The existing parking lot has one-way ingress from Tahquitz Canyon Way and one-way egress to Belardo Road. The Oasis Hotel Tower and attached structure was designated a Class 7 (now Class 1) historic site on February 6, 1985. The original Oasis Hotel, constructed between 1923- 25, contained approximately 20 units and included the Tower. The Modern/Art Deco style hotel, designated by Lloyd Wright, the son of Frank Lloyd Wright, was constructed of solid concrete using a slip-form technique. Resolution No. 15424, which designated the site, indicated that any exterior alteration to the Oasis Tower and attached structure would require approval of the City Council, that the site was suitable for adaptive reuse, and that the owner should continue to investigate the possibility of such use. The resolution and exhibit showing the designated structure is attached to this report. The portions of the site that are the subject of this application are the Oasis Hotel Tower and attached structure and the two buildings on the western portion of the property. The restaurant/bar is proposed to be located in the Oasis Tower and attached structure with the parking lot to be constructed where the two western buildings are located. The 280-seat restaurant/bar concept is intended to have dining on two levels with the possibility of limited roof-top dining on a third level. The restaurant/bar proposes seating as shown in the following table: Table 1: Proposed restaurant/bar seating Indoor Outdoor Bar First Floor 28 136 4 Second Floor 36 40 36 Third Floor n/a n/a n/a Total 64 176 40 2 T„rnn rrY Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 The anticipated hours of operation are 11AM to 2AM, seven days a week. At this time, the applicant indicates that a tenant for the site is not known. The exterior modifications to the historic structure include removing and replacing deteriorated materials such as wood lattice and doors, the addition of an exterior staircase to the second floor, new landscaping and fountains, saw cuts for new window and door openings for the kitchen and entrance into the first floor dining area, and a new outdoor covered bar on the second floor that will extend immediately east of the 2°d floor dining area. The applicant may also apply for federal historic preservation tax credits as part of the project's financing. Table 2: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning North Commercial/retail, restaurant CBD CBD South Commercial/retail, parking lot CBD CBD East Commercial/retail, theater CBD CBD West Resort hotel H 43/30 R-3 PRIOR ACTIONS TAKEN ON THE PROJECT On December 3, 2004, an interior non-structural demolition permit was issued by the Building Department to allow removal of illegal and deteriorating elements on the interior of the building only. On November 14, 2005, the Historic Site Preservation Board (RSPB) initially reviewed the proposed exterior modifications to the Oasis Tower and attached structure, a Class 1 historic resource, and the remainder of the buildings, which is listed on the 2004 Citywide Historic Resources Survey. The HSPB also reviewed the historical assessment that was prepared for this project. While the overall plan of improvements was acceptable to the HSPB, there remained significant concerns regarding the addition of an exterior staircase on the north elevation of the Oasis Tower attached structure, intended to provide access to the 2nd floor dining area from the Palm Canyon Drive sidewalk, and whether or not it obstructed the view of the Oasis Tower. The HSPB voted 6-0 to continue the project in order to schedule an on-site field review of the project. On November 29, 2005, the HSPB met at the project site for a field review of the proposed modifications to the exterior and interior of the Class 1 historic site and the listed historic structures. Following the on-site review, the Board reconvened at City Hall to receive additional public testimony regarding the staircase addition, proposed saw cuts of the decorative concrete for new doors and windows, and other modifications to the historic structures. The Board voted 3-2 (1 absent) to approve the exterior modifications to the Class 1 historic site and attached historic structure, demolition of the two buildings on the western portion of the site, and the concept of a staircase in the 3 �,n Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 proposed location (on the north elevation). A subcommittee of two Board members was appointed to work with the project architect and AAC to create a staircase design that incorporated the concerns voiced by the public and the Board regarding keeping the staircase light and airy in order for it not to detract from or obstruct view of the historic structure. On December 12, 2005, the Architectural Advisory Committee reviewed the project and voted 8-0 to recommend approval of the project subject to the following: 1) Approve the second of two schemes presented for the staircase 2) Use metal instead of wood for the decorative lattice on the Tower. 3) Use composite wood instead of real wood for all other areas of the project. 4) Add more grey to the olive paint colour. 5) Submit a final landscape and lighting plan in order to ensure that the view of the Tower is not obstructed. On December 13, 2005, the HSPB reviewed the project with the revised staircase design and voted 5-0 (1 absent) to approve the revised staircase design, landscape plan, and paint color with the understanding that refinements may occur and to have the HSPB subcommittee continue to work with the AAC and the project architect on architectural details. The demolition of the two buildings on the western portion of the site was not considered significant and therefore, no mitigation was required as a part of the HSPB's approval. GENERAL PLAN CONSISTENCY The project site has a General Plan designation of CBD (Central Business District) which has identified goals to create, "An environment which integrates shopping with entertainment, cultural events, dining and leisure activities..." and recognized the area between Alejo Road and Ramon Road as the, "...principal activity center..." of the Downtown. The General Plan also has an objective to create, "Food service as a prominent focus of color and diversity on the retail areas..." The project furthers these goals and objectives by proposing a restaurant/bar concept that will open during the daytime and evening hours and will be similar in operation to other successful restaurants in the downtown area. The proposed project is also surrounded by other commercial/retail and restaurant uses in addition to the Plaza Theater and the temporary Pavilion Theater. The project will contribute to the integration of commercial, dining, and cultural uses and the activity level of the downtown area. The project is consistent with the following General Plan policies: Policy 3.15.1 which states: "Encourage a full diversity of high-quality uses, attractive to both the resident and the visitor, including...retail, entertainment, cultural, food sales and service..." 4 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 and Policy 3.15.6 which states: "Encourage a wide array of eating and drinking facilities that are oriented to the pedestrian environment...Many should offer outdoor dining in settings that are attractively designed and landscaped." As mentioned above, the project will contribute to the diverse character of the downtown area by increasing the mix of food service uses in addition to the existing retail and entertainment uses. The restaurant/bar will be distinctive in the sense that it will incorporate historic elements into the restaurant theme. The project proposes two outdoor dining areas: in the courtyard area south of the Tower and in the corridor between the Tower and attached structure and the adjacent commercial complex. The dining in the corridor will increase the visibility of the restaurant from Palm Canyon Drive while the dining in the courtyard is intended to provide an attractive open-air dining experience. A third potential outdoor dining area could be the roof deck, above the 2"d floor dining area, that overlooks Palm Canyon Drive. While occupant load will be determined by Building and Fire codes, the applicant has indicated that the roof deck could be reserved for special occasions. The project is also consistent with Policy 3.17.2 which states: "Eliminate or correct blighting influences, including deteriorating buildings, incompatible and uneconomic land uses, obsolete structures, and other environmental, and economic and social deficiencies." Due to the fact that the hotel has not been operational for an extended period of time, the existing buildings on the site have had significant vandalism problems, which have lead to the deterioration of the buildings. While the owner has made efforts to reduce the vandalism through on-site security and other proactive measures, vandalism of the site continues. The introduction of an active use to this important historic site would eliminate the problems associated with the unoccupied buildings and preserve the character-defining features of the Oasis Tower and adjoining structure. The construction of a new parking at the rear of the building will help to address the deficient parking that currently exists for the entire property. Therefore, the project is consistent with the goals, objectives, and policies of the General Plan. ZONING ANALYSIS Conditional Use Permit The Conditional Use Permit is required for a restaurant/bar pursuant to Section 92.09.01 of the zoning ordinance. While "bars" are not a specifically identified land use in the zoning ordinance, "beer gardens" and "cocktail lounges" are listed as permitted uses with CUP. A bar is substantially similar to the aforementioned land uses in terms 5 1 � Planning Commission Staff Report Case 5.1076 CUP—Loretta's Hideaway February 8, 2006 of operation and potential impacts and therefore, staff has determined that a CUP is required. Architectural Approval/Historic Preservation Pursuant to Sections 94.04.00 of the zoning ordinance and Section 8.05 of the Municipal Code, Architectural Approval is required for the exterior modifications to a commercial building and historic site. While the Planning Commission would normally be the final decision-making body on Architectural Approvals, in this case, Resolution No. 15424, which designated the Oasis Tower and attached structure, indicated that any exterior alteration to the Oasis Tower and attached structure would require approval of the City Council. The resolution also indicated that the site was suitable for adaptive reuse and that the owner should continue to investigate the possibility of potential uses. The proposed project implements the intent of the resolution, which was to designate a historic site and recognize that the hotel use was no longer feasible and that a reuse of the building should be explored in order to further the preservation goals of the City. There has been significant discussion and public comment received regarding the staircase addition on the east elevation of the main building. The staircase design was revised and approved by the HSPB and recommended for approval by the AAC. In approving the design, the HSPB indicated that the low-scale design of the staircase balanced the need to preserve the north elevation of the building while providing necessary access to the 2"d floor dining area from the sidewalk. The proposed improvements to the exterior of the Oasis Tower and structure were also approved by the HSPB and recommended for approval by the AAC. The improvements include: 1. Remove and replace deteriorated materials such as wood lattice and doors either with metal or composite wood. Original doors and windows in good condition will be restored. 2. Remove and replace balcony railings on the north elevation and courtyard (south) elevation. 3. Addition of glass guardrail at the Tower observation area. 4. Replace the existing roof with a standing seam metal roof. 5. Addition of an exterior staircase that leads to the 2"d floor dining area on the north elevation. 6. New corridor and courtyard landscaping and courtyard fountains. 7. Sawcuts of the decorative concrete for new window and door openings for the kitchen (west elevation) and entrance into the ground floor dining area (north elevation). 8. New outdoor covered bar on the second floor that will extend immediately east of the dining area. 9. New exterior stair and elevator at the Tower in order to comply with current ADA regulations. 10. Repaint of the concrete structure to match the original colour. 6 f, Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 11. Painting of the new lattice and railings. Recommendations from both bodies have been incorporated into the conditions of approval for this project. In approving/recommending approval of the exterior improvements, both bodies commented on the fact that the proposed improvements are sympathetic to the existing architecture while being consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The historical assessment prepared for the project analyzed the proposed improvements in relation to the Standards and found that the project was consistent with the guidelines. An analysis of the historic preservation aspect of the project is provided in the "Cultural Resources" section (Page 19) of the Mitigated Negative Declaration, attached to this report. With the exception of the designated Oasis Tower and attached structure, all buildings on the project site have been significantly altered. This fact was recognized by the City Council at the time that the Oasis Tower and attached structure were designated and therefore, the altered buildings were not included in the designation. This acknowledgement of the altered buildings was reaffirmed in the historical assessment that was prepared for this project. The report concluded that the two western buildings (referred to in the report as the "West Casitas"), "no longer retain adequate integrity to the original Wright design, including: 1. The second story addition overwhelms the design of the first floor Cassitas <sic>. Furthermore, it introduces Spanish Colonial elements, which are not compatible with the original. 2. The original colonnade was removed. 3. Open space separating Cassita <sic> units was in-filled. 4. French doors were replaced with six-panel solid core units." As a result, only the character-defining features of the Oasis Tower building are included in the proposed modifications. The only proposed addition to the building is the 2Id floor outdoor covered bar area that will extended immediately east of the dining area. The height of the bar addition is approximately 20-23 feet, which does not exceed the existing height of the building. The highest point of any structure on the project is the Oasis Tower, which is approximately 38 feet tall. The project would not violate any required setbacks as the main decorative concrete structure already exists with no further expansion proposed. Parkin The split-level restaurant/bar will be located in the Oasis Tower/Hotel building. The proposal is for one restaurant on each level, similar in concept to The Chop House/ (formerly) The Deck. The restaurant/bar proposes a total of 64 indoor seats, 176 outdoor seats, and 40 bar seats for a total of 280 seats. The City's requirements for parking are 1 space/4 seats for indoor dining and 1 space/8 seats for outdoor dining and ancillary bar areas. Therefore, the project is required to provide 43 parking spaces. The proposed parking lot has 78 total spaces and proposes ingress/egress on Tahquitz 7 ' u Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 Canyon Way and on Belardo Road. The site is currently underparked with 26 spaces in the existing parking lot. These existing parking spaces currently serve the existing commercial building that connects to the Oasis Tower/Hotel building. Section 93.06.00(B)(3)(a) states the following regarding nonconforming parking: "Buildings or uses which have insufficient off-street parking per the requirements of this Zoning Code, shall not be expanded unless sufficient additional parking spaces can be provided in accordance with the standards of this Zoning Code. Existing parking shall be counted as meeting this requirement only if is laid out in compliance with the standards at the time of its establishment." The conversion of the hotel to a restaurant/bar would therefore have to provide parking to account for the change in land use. The following table illustrates the required and proposed parking: Table 3: Required and Proposed Parking Use Required Proposed Restaurant (280 seats) 43 spaces 52 spaces* (46) Commercial complex (existing) 26 spaces 26 spaces TOTAL 69 spaces 78 spaces* (72) 'Note that this total includes 6 spaces that are located on property immediately south of the new parking lot. If the applicant cannot obtain access rights across the adjacent parking lot, the proposed parking lot would have 6 fewer spaces (shown in parentheses). The site, including the new restaurant/bar and existing commercial building, would then be required to provide a total of 69 parking spaces. As shown in the table, the proposed parking lot would still comply with the City's parking requirements even if access rights across the abutting property to the south cannot be obtained. The internal parking lot design complies with the design dimensions as defined in Section 93.06.00(E) of the zoning ordinance. Access and Traffic The new parking lot shows full access from Tahquitz Canyon Way and from Belardo Road. However, staff recommends that the Tahquitz Canyon Way access be deleted and that any access to the parking lot from Tahquitz Canyon Way be prohibited. This is due to traffic safety concerns and the fact that the level of service at the Tahquitz Canyon Way and Palm Canyon Drive will suffer due to existing traffic volumes that causes eastbound traffic on Tahquitz Canyon Way to stack to beyond what would be an acceptable distance. Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 The plan for the parking lot also shows shared access from Belardo Road across the parking lot the north (immediately behind the Mercado Plaza). The adjacent parking lot is currently owned by the City of Palm Springs Redevelopment Agency and therefore, staff recommends a condition of approval that would require coordination with the Agency for necessary approvals, access rights, and easements. Should the applicant redesign the parking lot such that shared access is not necessary, then the condition would not be valid. REDEVELOPMENT AREA The project site is within Merged Redevelopment Project Area No. 1 which sets several goals for development. Staff has identified the project's relationship to each goal, as follows: • "Assure Commercial Vitality. The restoration, preservation, and enhancement of Palm Springs downtown...." The proposed project includes the adaptive reuse of a designated historic site from a hotel to a restaurant. The project would further this particular goal by promoting preservation and restoration of a significant historic site. • "Eliminate Physical, Social, and Environmental deficiencies. Eliminate deteriorating buildings, incompatible and uneconomic land uses, inadequate parking, obsolete structures...improve the overall appearance of downtown buildings...and assure that all buildings, new and old, are safe for people and businesses to occupy." As discussed above, the proposed project will restore a significant historic site that has become blighted due to vandalism and crime. The vacant buildings have contributed to the vandalism and therefore, the introduction of a high-quality, active use and new parking lot to this site will help to correct existing physical and environmental deficiencies and inadequate parking in the area. • "Protect Unique Character of Community. Preserve artistically, architecturally, and historically worthwhile structures and sites." The project involves the rehabilitation and restoration of a Class 1 historic site and a listed historic structure, in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The project will allow greater public access to an important historic site designed while providing for the continued preservation and maintenance of the site by allowing an economically feasible use to occupy the space. • "Provide Additional Parking Spaces. Increase the number of parking areas, assure effective utilization through easy accessibility..." 9 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 The parking lot would provide 43 more spaces than currently exist on the site. The subject property is currently under parked with only 26 spaces to serve the entire complex. The construction of the parking lot will provide parking for the restaurant/bar use and provide additional conforming parking for the existing offices and food uses that already exist on the project site. REQUIRED FINDINGS Conditional Use Permit The Planning Commission must make certain findings in order to approve this Conditional Use Permit pursuant to Section 94.02.00 of the zoning ordinance. Those findings are analyzed by staff as follows: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The Conditional Use Permit is required for a restaurant/bar pursuant to Section 92.09.01 of the zoning ordinance. While "bars" are not a specifically identified land use in the zoning ordinance, "beer gardens" and "cocktail lounges" are listed as permitted uses with CUP. A bar is substantially similar to the aforementioned land uses in terms of operation and potential impacts and therefore, staff has determined that a CUP is required. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The project site has a General Plan designation of CBD (Central Business District) which has identified goals to create, "An environment which integrates shopping with entertainment, cultural events, dining and leisure activities..." and recognized the area between Alejo Road and Ramon Road as the, "...principal activity center..." of the Downtown. The General Plan also has an objective to create, "Food service as a prominent focus of color and diversity on the retail areas..." The project furthers these goals and objectives by proposing a restaurant/bar concept that will open during the daytime and evening hours and will be similar in operation to other successful restaurants in the downtown area. The proposed project is also surrounded by other commercial/retail and restaurant uses in addition to the Plaza Theater and the temporary Pavilion Theater. The project will contribute to the integration of commercial, dining, and cultural uses and the activity level of the downtown area. 10 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 The project is also consistent with the following General Plan policies: Policy 3.15.1 which states: "Encourage a full diversity of high-quality uses, attractive to both the resident and the visitor, including...retail, entertainment, cultural, food sales and service..." and Policy 3.15.6 which states: "Encourage a wide array of eating and drinking facilities that are oriented to the pedestrian environment...Many should offer outdoor dining in settings that are attractively designed and landscaped." As mentioned above, the project will contribute to the diverse character of the downtown area by increasing the mix of food service uses in addition to the existing retail and entertainment uses. The restaurant/bar will be distinctive in the sense that it will incorporate historic elements into the restaurant theme. The project proposes two outdoor dining areas: in the courtyard area south of the Tower and in the corridor between the Tower and attached structure and the adjacent commercial complex. The dining in the corridor will increase the visibility of the restaurant from Palm Canyon Drive while the dining in the courtyard is intended to provide an attractive open-air dining experience. A third potential outdoor dining area could be the roof deck, above the 2nd floor dining area, that overlooks Palm Canyon Drive. While occupant load will be determined by Building and Fire codes, the applicant has indicated that the roof deck could be reserved for special occasions. The project is also consistent with Policy 3.17.2 which states: "Eliminate or correct blighting influences, including deteriorating buildings, incompatible and uneconomic land uses, obsolete structures, and other environmental, and economic and social deficiencies." Due to the fact that the hotel has not been operational for an extended period of time, the existing buildings on the site have had significant vandalism problems, which have led to the deterioration of the buildings. While the owner has made efforts to reduce the vandalism through on-site security and other proactive measures, vandalism of the site continues. The introduction of an active use to this important historic site would eliminate the problems associated with the unoccupied buildings and preserve the character-defining features of the Oasis Tower and adjoining structure. The construction of a new parking at the rear of the building will help to address the deficient parking that currently exists for the 11 . Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 entire property. Therefore, the project is consistent with the goals, objectives, and policies of the General Plan. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project is for the adaptive reuse of an existing historic structure. No expansion of the existing concrete structure if proposed. The only addition proposed is a 2nd floor outdoor covered bar area immediately east of the dining area. This addition will not exceed the existing building height and will not violate setbacks as required by the CBD zone. The site is surrounded by commercial uses on all sides and the rehabilitation of the site will be a benefit to the downtown area. Therefore, the site is adequate in size and shape to accommodate the proposed use. 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The site will be accessed by pedestrians primarily from Palm Canyon Drive and from the proposed parking lot to the west of the restaurant/bar. The site has frontage on three public streets: Tahquitz Canyon Way to the north, Belardo Road to the west, and South Palm Canyon Drive to the east. These streets have the capacity to carry the traffic expected to be generated from the proposed project. However, conditions of approval have been included to ensure that traffic on Tahquitz Canyon Way is not adversely affected by turning conflicts due to vehicle stacking at the Tahquitz Canyon Way/Palm Canyon Drive intersection. Therefore, it is not anticipated that the project will generate enough trips to exceed the capacity of the surrounding public streets. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The conditions of approval are imposed to protect the public health, safety, and welfare. Conditions of approval relating to access to the parking lot are included specifically to address traffic safety concerns. Conditions of approval have also been included to address the daily operation of the restaurant/bar to ensure that there is no adverse impact on the surrounding areas. Architectural Approval While there are no specific findings required for Architectural Approval, there are some guidelines listed in the zoning ordinance to be considered for all architectural o,-, � 12 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 applications. Some of these guidelines include site layout, orientation of structures, harmonious relationship with existing and proposed development, building design and materials, and location and type of planting. The proposed improvements include: 1. Remove and replace deteriorated materials such as wood lattice and doors either with metal or composite wood. Original doors and windows in good condition will be restored. 2. Remove and replace balcony railings on the north elevation and courtyard (south) elevation. 3. Addition of glass guardrail at the Tower observation area. 4. Replace the existing roof with a standing seam metal roof. 5. Addition of an exterior staircase that leads to the 2"d floor dining area on the north elevation. 6. New corridor and courtyard landscaping and courtyard fountains. 7. Sawcuts of the decorative concrete for new window and door openings for the kitchen (west elevation) and entrance into the ground floor dining area (north elevation). 8. New outdoor covered bar on the second floor that will extend immediately east of the dining area. 9. New exterior stair and elevator at the Tower in order to comply with current ADA regulations. 10. Repaint of the concrete structure to match the original colour. 11. Painting of the new lattice and railings. These improvements have been reviewed and approved/recommended for approval by the Historic Site Preservation Board and Architectural Advisory Committee and recommendations from both bodies have been incorporated into the conditions of approval for this project. The proposed improvements and materials preserve and restore the character-defining features of the historic site and are sympathetic to Lloyd Wright's Modern/Art Deco design. The improvements have also been analyzed in a historical assessment for the project and found to conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties. The low-scale stairway design also preserves the north elevation of the Oasis Tower building while providing some visibility for the 2"d floor restaurant. In addition, with the exception of a 2"d story bar, the project proposes no expansion of the existing concrete structure and therefore, would not create any additional intrusions onto adjacent structures and properties. The 2nd story bar addition is compatible with the existing architecture and is in scale with the existing height and mass of the building. The preliminary landscape plan submitted for the project also shows sensitivity to the designated historic site by providing an attractive outdoor dining area without obstructing the primary views of the Tower. 13 �, � z Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 ENVIRONMENTAL ASSESSMENT A, Mitigated Negative Declaration (MND) was prepared for this project in accordance with the California Environmental Quality Act (CEQA) Guidelines and was circulated for a 20-day public review period ending on February 8, 2006. The MND identified potentially significant impacts related to Cultural Resources and Transportation/Traffic. The potential impacts related to Cultural Resources were due to the proposed improvements to a Class 1 historic site and a structure listed on the 2004 Citywide Historic Resources Survey. However, the improvements will not have an adverse effect on a historic resource with the incorporation of mitigation measures, as outlined in the MND and recommended in the historical assessment prepared for the project. The mitigation measures included a paint analysis of the building to determine the original paint colour and the requirement that the project implement the recommendations of the historical assessment, except for those recommendations not adopted by the RSPB. The potential impacts related to Transportation/Traffic were related to the design of the parking lot and the evaluation of the design from a traffic safety perspective. There already exists a vehicle stacking problem for eastbound traffic on Tahquitz Canyon Way and Palm Canyon Drive. The proposed full access to the parking lot on Tahquitz Canyon Way would contribute to an existing circulation problem and therefore, mitigation measures have been incorporated that prohibit any access to the parking lot from Tahquitz Canyon Way. With the incorporation of mitigation measures, all potentially significant impacts can be reduced to a less than significant level. NOTIFICATION A public hearing notice was mailed to all property owners within 400 feet of the project and published in The Desert Sun. As of the writing of this report, staff has not received further public comment. However, numerous public comments were received when the project was reviewed by the HSPB and AAC and those comments are attached to this report for the Commission's reference. 14 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 CONCLUSION The project is consistent with the goals and policies of the General Plan and zoning ordinance. With the recommended conditions of approval, the project would comply with the land use and development requirements of the city and on this basis, staff is recommending approval of this Conditional Use Permit and Architectural Approval application. Jong Yeo Principal Planner Craig A. Ewing, AICP Director of Planning Services ATTACHMENTS 1. Vicinity Map 2. Site Plan, Elevations, Floor Plans 3. Resolution No. 15424 designating Oasis Tower and attached structure as a Class 1 historic site 4. Mitigated Negative Declaration 5. Secretary of the Interior's Standards for the 'Treatment of Historic Properties 6. Public correspondence received on this application 7. Draft Resolution 8. Conditions of Approval 15 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 VICINITY MAP SN, i Department of Planning Services N WE Vicinity Map 0 m z 0 s > w Q [n U S J a TAHOUITZ DR O 0 ,c O r O ¢ m U o z o a o � z w - m � o � z 3 > J_ Z < J ARENAS RD ARENAS RD Legend ® site 500 Feet nil 77 CITY OF PALM SPRINGS CASE NO: Case 5.1076 CUP DESCRIPTION: Application for a Conditional Use Permit for the adaptive reuse of a hotel to a restaurant/bar, for exterior APPLICANT: Oasis Plaza— modifications to a historic structure, and related site Brandenburg & Lyle improvements located at 121 South Palm Canyon Drive, Zone C-B-D, Section 15. APN: 513-143-008, 513-143-009. 16 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 SITE PLAN LJ , i 71 o pc i- i i i I 1 i 01 4 r 1 ,k IISI . lf _ h 17 i IF Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 'RETURN T01 CITY CLERK C d Cltt OF PALM SPRINGS RESOLUTION N0. 15424 C BON 1786 PALM SPRINGS, CA. 92263 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, g N `LOY CALIFORNIA, pESIGNATIN6 THE OASIS HOTEL TOWER AS g A CLASS 7 HISTORIC SITE. _ t3 � Ic WHEREAS the Oasis Hotel Tower and its associated personages have contributed substantially to the history of the City of palm Springs; and WHEREAS Chapter 8.05 of the Palm Springs Muncipal Code allows for the /—� designation of historic sites; and WHEREAS on October 8, 1984 the Historic Site Preservation Board initiated pro- ceedings to designate the Oasis Hotel Tower as an historic site; and WHEREAS on January"'14, 1985, the Historic Site Preservation Board held a public hearing on said designation and unanimously recommended to the City Council designation of said property as a Class 7 Historic Site; and WHEREAS the City Council concurs in the recommendation of the Historic Site Preservation Board regarding the historic value of the Oasis Hotel Tower; and WHEREAS the designation of the Oasis Hotel Tower shall further the purposes and intent of Chapter 8,05; and WHEREAS the designation of the Oasis Hotel Tower shall promote the sensitive preservation of said site. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California as follows: Section 1. The Oasis Hotel Tower, along with the attached structure, as shown on attached Exhibit A,shall be designated a Class 7 Historic Site pursuant to Chapter 8.05 of the Palm Springs Municipal Code. Section 2, No permit for the exterior alteration to the Oasis Hotel Tower, or the attached structure, shall.-.be granted— without the prior app`r5val of the City Council. Section 3. The Oasis Hotel Tower may be suitable for adaptive reuse and the owner(s) of the subject structures are encouraged to investigate potential uses and to enter into discussion with the City regarding said reuse, ADOPTED this 6th day of February 1985 AYES: Councilmembers Direr, Foster, Smith and Mayor Bogert NOES: None ABSENT: Councilmember Maryanov ATTEST: CITY OF PALMSPRINGS, CALIFORNIA By V City C erk �L_Za Cit�er REVIEWED & APPROVED:- IHEREBY CERT/FYTHAf,JJ3dI F/ORECOINO 1s A TRUE COPY ON RESOLUTION No �" ah" DULY ADOPTED SY THOR CITY cpII CIL OF THE(71 Y OF PALM SPRI�S IN A MRh"TINU O THEREOF HELD ON THE el)DAY OP 2"'d+.2 DATED A/TC PALM SPRI 'S,CALIFORNIA, 1IU8 �DlHY PP ( I!-x��CITY C1 LLUE.RK aTy OF PAL M FP R W.p 5,CALIFORNIA i " WP/P6 18 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 RESOLUTION NO. 15424 EXHIBIT A ALM G Yo — ems\ 7 ° N W pp LL 6 �r®�I1wf1�1tGI1�01. � �e.�Gl• d J + g o S � y 7 � a A ll, °i'ovltf OASIS m b J3 14 Qj �' om � Q J d d rT,.+,, LF Do.X0.90 ROAD 19 m Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREAMENT OF HISTORIC PROPERTIES (Source: http://www.cr.nps.gov/hps/tps/standquide/rehab/rehab standards htm) 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in a such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 20 �� Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1076 CUP, SUBJECT TO THE CONDITIONS OF APPROVAL, FOR A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT/BAR AND RECOMMENDING THAT THE CITY COUNCIL APPROVE EXTERIOR MODIFICATIONS TO THE OASIS HOTEL TOWER AND ATTCHED STRUCTURE, A DESIGNATED CLASS 1 HISTORIC SITE, LOCATED AT 121-A SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15. WHEREAS, Oasis Plaza — Brandenburg & Lyle (the "Applicant) has filed an application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code, for a Conditional Use Permit (CUP) for the adaptive reuse of a hotel to a restaurant and associated improvements and Architectural Approval for exterior modifications to a Class 1 historic site located at 121-A South Palm Canyon Drive, Zone CBD, Section 15; and WHEREAS, on February 6, 1985, the Oasis Tower and attached structure was designated a Class 7 (now Class 1) historic site by the City Council; and WHEREAS, the remainder of the Oasis building complex was listed on the 2004 Citywide Historic Resources Survey; and WHEREAS, on November 29, 2005, the Historic Site Preservation Board voted 3-2 to approve the exterior modifications to the Class 1 historic site, with the exception of the exterior staircase, and demolition of the buildings on the western portion of the site; and WHEREAS, on December 13, 2005, the Historic Site Preservation Board voted 5-0 to approve the staircase design, landscape plan, and paint colour subject to further refinements; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1093 CUP was given in accordance with applicable law; and WHEREAS, on February 8, 2006, a public hearing to consider Case No. 5,1093 CUP was held by the Planning Commission in accordance with applicable law; and WHEREAS, a Mitigated Negative Declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA) Guidelines; and 21 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) was prepared for this project in accordance with the California Environmental Quality Act (CEQA) Guidelines and was circulated for a 20-day public review period ending on February 8, 2006. The MND identified potentially significant impacts related to Cultural Resources and Transportation/Traffic. The potential impacts related to Cultural Resources were due to the proposed improvements to a Class 1 historic site and a structure listed on the 2004 Citywide Historic Resources Survey. However, the improvements will not have an adverse effect on a historic resource with the incorporation of mitigation measures, as outlined in the MND and recommended in the historical assessment prepared for the project. The mitigation measures included a paint analysis of the building to determine the original paint colour and the requirement that the project implement the recommendations of the historical assessment, except for those recommendations not adopted by the HSPB. The potential impacts related to Transportation/Traffic were related to the design of the parking lot and the evaluation of the design from a traffic safety perspective. There already exists a vehicle stacking problem for eastbound traffic on Tahquitz Canyon Way and Palm Canyon Drive. The proposed full access to the parking lot on Tahquitz Canyon Way would contribute to an existing circulation problem and therefore, mitigation measures have been incorporated that prohibit any access to the parking lot from Tahquitz Canyon Way. With the incorporation of mitigation measures, all potentially significant impacts can be reduced to a less than significant level. Section 2: Pursuant to Section 94.02.00 of the Palm Springs zoning ordinance: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The Conditional Use Permit is required for a restaurant/bar pursuant to Section 92.09.01 of the zoning ordinance. While "bars" are not a specifically identified land use in the zoning ordinance, "beer gardens" and "cocktail lounges" are listed as permitted uses with CUP. A bar is substantially similar to the aforementioned land uses in terms of operation and potential impacts and therefore, staff has determined that a CUP is required. 22 Planning Commission Staff Report Case 5.1076 CUP—Loretta's Hideaway February 8, 2006 21. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The project site has a General Plan designation of CBD (Central Business District) which has identified goals to create, "An environment which integrates shopping with entertainment, cultural events, dining and leisure activities..." and recognized the area between Alejo Road and Ramon Road as the, "...principal activity center..." of the Downtown. The General Plan also has an objective to create, "Food service as a prominent focus of color and diversity on the retail areas..." The project furthers these goals and objectives by proposing a restaurant/bar concept that will open during the daytime and evening hours and will be similar in operation to other successful restaurants in the downtown area. The proposed project is also surrounded by other commercial/retail and restaurant uses in addition to the Plaza Theater and the temporary Pavilion Theater. The project will contribute to the integration of commercial, dining, and cultural uses and the activity level of the downtown area. The project is also consistent with the following General Plan policies: Policy 3.15.1 which states: "Encourage a full diversity of high-quality uses, attractive to both the resident and the visitor, including...retail, entertainment, cultural, food sales and service..." and Policy 3.15.6 which states: "Encourage a wide array of eating and drinking facilities that are oriented to the pedestrian environment...Many should offer outdoor dining in settings that are attractively designed and landscaped." As mentioned above, the project will contribute to the diverse character of the downtown area by increasing the mix of food service uses in addition to the existing retail and entertainment uses. The restaurant/bar will be distinctive in the sense that it will incorporate historic elements into the restaurant theme. The project proposes two outdoor dining areas: in the courtyard area south of the Tower and in the corridor between the Tower and attached structure and the adjacent commercial complex. The dining in the corridor will increase the visibility of the restaurant from Palm Canyon Drive while the dining in the courtyard is intended to provide an attractive open-air dining experience. A third potential outdoor dining area could be the roof deck, above the 2nd floor,dining area, that overlooks Palm Canyon Drive. While occupant load will be determined 23 a. ��� Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 by Building and Fire codes, the applicant has indicated that the roof deck could be reserved for special occasions. The project is also consistent with Policy 3.17.2 which states: "Eliminate or correct blighting influences, including deteriorating buildings, incompatible and uneconomic land uses, obsolete structures, and other environmental, and economic and social deficiencies." Due to the fact that the hotel has not been operational for an extended period of time, the existing buildings on the site have had significant vandalism problems, which have led to the deterioration of the buildings. While the owner has made efforts to reduce the vandalism through on-site security and other proactive measures, vandalism of the site continues. The introduction of an active use to this important historic site would eliminate the problems associated with the unoccupied buildings and preserve the character-defining features of the Oasis Tower and adjoining structure. The approved demolition of the two buildings on the western portion of the site will also eliminate two obsolete structures that have been significantly altered, have lost their utility, and are a crime and vandalism magnet. The construction of a new parking at the rear of the building will help to address the deficient parking that currently exists for the entire property. Therefore, the project is consistent with the goals, objectives, and policies of the General Plan. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project is for the adaptive reuse of an existing historic structure. No expansion of the existing concrete structure if proposed. The only addition proposed is a 2"d floor outdoor covered bar area immediately east of the dining area. This addition will not exceed the existing building height and will not violate setbacks as required by the CBD zone. The site is surrounded by commercial uses on all sides and the rehabilitation of the site will be a benefit to the downtown area. Therefore, the site is adequate in size and shape to accommodate the proposed use. 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The site will be accessed by pedestrians primarily from Palm Canyon Drive and from the proposed parking lot to the west of the restaurant/bar. The site has frontage on three public streets: Tahquitz Canyon Way (major thoroughfare) to 24 °? Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 the north, Belardo Road (collector) to the west, and South Palm Canyon Drive (secondary thoroughfare) to the east. These streets have the capacity to carry the traffic expected to be generated from the proposed project. However, conditions of approval have been included to ensure that traffic on Tahquitz Canyon Way is not adversely affected by turning conflicts due to vehicle stacking at the Tahquitz Canyon Way/Palm Canyon Drive intersection. Therefore, it is not anticipated that the project will generate enough trips to exceed the capacity of the surrounding public streets. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The conditions of approval are imposed to protect the public health, safety, and welfare. Conditions of approval relating to access to the parking lot are included specifically to address traffic safety concerns. Conditions of approval have also been included to address the daily operation of the restaurant/bar to ensure that there is no adverse impact on the surrounding areas. Section 3: Pursuant to Section 94.04.00 of the Palm Springs zoning ordinance: While there are no specific findings required for Architectural Approval, there are some guidelines including site layout, orientation of structures, harmonious relationship with existing and proposed development, building design and materials, and location and type of planting. The proposed improvements include: 1. Remove and replace deteriorated materials such as wood lattice and doors either with metal or composite wood. Original doors and windows in good condition will be restored. 2. Remove and replace balcony railings on the north elevation and courtyard (south) elevation. 3. Addition of glass guardrail at the Tower observation area. 4. Replace the existing roof with a standing seam metal roof. 5. Addition of an exterior staircase that leads to the 2"d floor dining area on the north elevation. 6. New corridor and courtyard landscaping and courtyard fountains. 7. Sawcuts of the decorative concrete for new window and door openings for the kitchen (west elevation) and entrance into the ground floor dining area (north elevation). 8. New outdoor covered bar on the second floor that will extend immediately east of the dining area. 25 Planning Commission Staff Report Case 5.1076 CUP—Loretta's Hideaway February 8, 2006 9. New exterior stair and elevator at the Tower in order to comply with current ADA regulations. 10. Repaint of the concrete structure to match the original colour. 11. Painting of the new lattice and railings. These improvements have been reviewed and approved/recommended for approval by the Historic Site Preservation Board and Architectural Advisory Committee and recommendations from both bodies have been incorporated into the conditions of approval for this project. The proposed improvements and materials preserve and restore the character-defining features of the historic site and are sympathetic to Lloyd Wright's Modern/Art Deco design. The improvements have also been analyzed in a historical assessment for the project and found to conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties. The low-scale stairway design also preserves the north elevation of the Oasis Tower building while providing some visibility for the 2°d floor restaurant. In addition, with the exception of a 2°d story bar, the project proposes no expansion of the existing concrete structure and therefore, would not create any additional intrusions onto adjacent structures and properties. The 2"d story bar addition is compatible with the existing architecture and is in scale with the existing height and mass of the building. The preliminary landscape plan submitted for the project also shows sensitivity to the designated historic site by providing an attractive outdoor dining area without obstructing the primary views of the Tower. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.1076 CUP, subject to the conditions of approval in the attached Exhibit A, and recommends that the City Council approve exterior modifications to the Oasis Hotel Tower and attached structure, a designated Class 1 historic site. ADOPTED this day of , 2006. AYES: NOES: ABSENT: A13STAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning Commission Secretary Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 EXHIBIT A Case No. 5.1076 CUP Loretta's Hideaway 121-A South Palm Canyon Drive February 8, 2006 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1076 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the, City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 27 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 3. This Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, this conditional use permit, provided all conditions of approval have been complied with, does not have a time limit. The proposed development of Conditional Use Permit 5.1076 is as shown and approved by the Planning Commission as Attachment 2 to the staff report dated February 8, 2006. 4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. Environmental Assessment 7. The mitigation measures of the environmental assessment are hereby incorporated by reference. 8. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is Filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 28 �r n Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 Project Operations 9. The restaurant/bar shall be restricted to operating hours of 11AM to 2AM. Exceeding these established hours of operation shall require an amendment to this Conditional Use Permit. 10. No live entertainment is proposed or approved as a part of this conditional use permit. Should live entertainment be proposed in the future, the applicant shall be required to apply for a Land Use Permit. 11. The restaurant/bar is permitted to have 280 seats as shown in the following table: Indoor Outdoor Bar First Floor 28 136 4 Second Floor 36 40 36 Third Floor n/a n/a n/a Total 64 176 40 An increase in the number of seats or ratio of indoor/outdoor/bar seating shall not be permitted unless the required number of parking spaces, in accordance with the regulations in effect at the time, can be provided. Final Design 12. Prior to the issuance of building permits, the applicant shall submit a final landscaping plan to the Architectural Advisory Committee for review and approval. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's office prior to submittal. The purpose of the review is to ensure that the proposed landscaping does not detract from the historic character of the building or obstruct the view of the Tower. 13. Prior to the issuance of building permits, the applicant shall submit an exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down- lights shall be utilized 14. The applicant shall use metal instead of wood for the decorative lattice on the Tower. 115. The applicant shall use composite wood instead of real for all other railings or lattices in the project. 29 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 General Conditions/Code Requirements 16. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive. 17. Separate architectural approval and permits shall be required for all signs. 18. If roof mounted mechanical equipment is proposed, the equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 19. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 20. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 21. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 22. The applicant shall provide all tenants with Conditions of Approval of this project. 23. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 24. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 25. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 30 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 2155. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 27. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 28. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 29. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 30. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 31. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 32. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 33. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 34. Prior to any construction on-site, all appropriate permits must be secured. FIRE 35. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 36. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 37. Fire extinguishing system required: Approved automatic fire extinguishing systems shall be provided for the protection of commercial type cooking equipment. (1005.2.1 CFC) 31 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 38. Hood & Duct Fire Protection System Coverage: The automatic fire extinguishing system used to protect ventilating hoods and ducts and cooking appliances shall be installed to include cooking surfaces, deep fat fryers, griddles, upright broilers, charbroilers, range tops, and grills. Protection shall also be provided for the enclosed plenum space within the hood above filters and exhaust ducts serving the hood. (1005.2.3.1 CFC) 39. Portable Fire Extinguishers For Food Processing Equipment: In addition to the fixed system, a 2-A:1-B:C:K rated portable fire extinguisher shall be installed near the exit from the cooking equipment area. Show proposed location on the plans. 40. Automatic Power And Fuel Shutoffs: The automatic fire extinguishing system shall be interconnected to the fuel or current supply for cooking equipment. The interconnection shall shut off all cooking equipment and electrical receptacles which are located under the hood when the system is actuated. (1005.2.4.1 CFC) 41. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. 42. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 4I4. Fire Flow: The estimated fire flow for this development is 1500 GPM. ADA COORDINATOR 44. In the parking lot, the five foot wide access aisle serving the single disabled parking space shall be located on the passenger side of the vehicle space. 45. From the parking lot, the pedestrian path of travel passes a staircase in route to the dining area of the restaurant. A pedestrian path alongside this staircase shall provide a minimum 48 inch clearance. 46. The pedestrian path of travel from the Palm Canyon Drive sidewalk shall provide a minimum 48 inch wide clearance up to the elevator and up to and including the main entrance of the restaurant. 47. Prior to the issuance of building permits, the applicant shall submit floor plans to the ADA coordinator showing the restroom details in order to ensure that they have accessible facilities. 32 ' " Planning Commission Staff Report Case 5,1076 CUP— Loretta's Hideaway February 8, 2006 48. Prior to the issuance of building permits, the applicant shall submit additional details for the elevator to ensure compliance with disabled access regulations. ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 49. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. TAHQUITZ CANYON WAY 50. Remove the existing driveway approach and replace with a 6 inch curb and gutter, and sidewalk to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 200. The sidewalk shall be constructed of colored Portland cement concrete. The admixture shall be, Palm Springs Tan, or approved equal color by the Engineering Division, 51. The proposed driveway on Tahquitz Canyon Way is denied. Vehicular access from the proposed parking lot to Tahquitz Canyon Way shall be prohibited. 52. The proposed curb pop-out and other improvements along Tahquitz Canyon Way are denied. Existing street improvements along Tahquitz Canyon Way shall remain. 53. The proposed structural encroachment into Tahquitz Canyon Way located at the northeast corner of the proposed parking lot is denied. The proposed building shall be redesigned to remove any encroachment into public right-of-way. 54. All broken or off grade street improvements shall be repaired or replaced. BELARDO ROAD 55. Remove the existing driveway approach on the subject property and the existing driveway approach to the existing parking lot located behind the Mercado Plaza; and replace with a 6 inch curb and gutter, and sidewalk to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 200. The new sidewalk shall match the existing "Heritage Trail' improvements. 56. The proposed parking lot shall share access from Belardo Road through, the existing parking lot located behind the Mercado Plaza. Construct a new 26 feet wide driveway approach, relocated as shown on the approved site plan, for access to the existing parking lot located on Parcel 1 of Parcel Map 27774, in 33 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the relocated driveway approach shall be located approximately 270 feet from the centerline of Tahquitz Canyon Way. 57. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 214. 58. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 59. All sanitary facilities shall be connected to the public sewer system. The existing sewer service to the property shall be used for new sanitary facilities. GRADING 60. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; and a copy of Soils Report. 34 Planning Commission Staff Report Case 5.1076 CUP—Loretta's Hideaway February 8, 2006 61. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 62. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Precise Grading and Paving Plan. 63. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 64. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 6.5. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 66. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for 35 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ON-SITE 67. The existing parking lot located behind the Mercado Plaza, on Parcel 1 of Parcel Map 27774, shall be modified to facilitate construction of the proposed parking lot. The applicant shall coordinate with the Economic and Community Development Director of the City of Palm Springs for necessary approvals, access rights, and easements to the existing parking lot, owned by the Community Redevelopment Agency of the City of Palm Springs. The applicant shall obtain necessary approvals, access rights, and easements from the Community Redevelopment Agency prior to approval of the Precise Grading and Paving Plan, and prior to issuance of a building permit. The applicant is advised to contact the Economic and Community Development Director to determine requirements for processing approvals, access rights and easements through the Community Redevelopment Agency. &B. The minimum pavement section for all on-site pavement shall be 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. GENERAL 69. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 70. All proposed utility lines shall be installed underground. 36 ��� Planning Commission Staff Report Case 6.1076 CUP— Loretta's Hideaway February 8, 2006 71. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 72. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 73. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 74. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. 75. Design and install an electrical system for installation of Tahquitz Canyon Way decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be connected to the existing City lighting system, and shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as required by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. MAP 7Ei. The existing property, identified as Assessor's Parcel 513-143-009, 008, consisting of portions of Lots 1 through 5, 11, 12 and 37 as shown on the Map of Palm Springs, recorded in Map Book 9, Page 432, records of San Diego County, California, shall be merged. The property owner shall be required to apply with the Engineering Division for a parcel merger of the existing Lots. The parcel merger shall be approved by the City Engineer prior to issuance of a building permit. TRAFFIC 77. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided 37 Planning Commission Staff Report Case 5.1076 CUP— Loretta's Hideaway February 8, 2006 by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the Tahquitz Canyon Way and Belardo Road frontages of the subject property. 78. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 79. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 38