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HomeMy WebLinkAbout10/19/2005 - STAFF REPORTS (5) ALM Sp? �2 0 U y, � c � cq�lFOR�,P City Council Staff Report DATE: OCTOBER 19, 2005 PUBLIC HEARING SUBJECT: CASE NO. 5.1073 CUP — AN APPLICATION BY DICK TAYLOR PRODUCTIONS FOR A CONDITIONAL USE PERMIT TO CONSTRUCT THE PALM SPRINGS PAVILION THEATRE — A 23,729 SQUARE FOOT, 1000-SEAT PAVILION TENT, TO BE TEMPORARILY OPERATED FOR PRODUCTION SHOWS FOR A PERIOD OF THREE YEARS, LOCATED AT 123 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15, APN 513560008. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY Dick Taylor Productions has applied for a Conditional Use Permit to construct a 23,729 sq.ft. pavilion tent, to be operated for a period of 3 years, located on a portion of the Desert Fashion Plaza shopping mall. The 1,000-seat stadium-style theatre will connect to a 2400 square foot existing building. This existing building will be the lobby area for theatre guests. The pavilion would be a pitched-roof structure 18 feet high at the north and south edges increasing to 50 feet at its peak. Freestanding truss lighting towers ranging from 30 to 42 feet in height are also proposed and would illuminate the roof and entrance area of the pavilion theatre. The theatre would host a 90-minute cirque-style production as well as concerts, musicals, and other presentations at 7:00 p.m. from Tuesday to Saturday and at 2:00 p.m. on Wednesdays, Saturdays, and Sundays. The applicant is anticipating an opening night of December 26, 2005. On October 19, 2005, the Planning Commission reviewed the project. An update of the Planning Commission's action will be given at this meeting. On October 10, 2005, the Architectural Advisory Committee (AAC) reviewed the project and voted 7-0 to recommend approval to the Planning Commission. The AAC noted the desirability of additional assembly space in front of the theater entrance and requested construction plans to be brought back at a future date confirming that the truss towers' and banner signs' guy wire anchor points did not impede emergency exiting. In response to the AAC's desire for a gathering area for patrons and to provide free-flow of pedestrian traffic in and out of the pavilion, a "no parking" area directly in front of the Item No. 1 . D . City Council Staff Report October 19, 2005 -- Page 2 Case 5.1073 CUP— Palm Springs Pavilion Theatre lobby will be created and the two handicapped parking spaces will be relocated in accordance with ADA standards. RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1073 CUP, SUBJECT TO THE CONDITIONS OF APPROVAL, FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 23,729 SQUARE FOOT, 1000-SEAT PAVILION TENT, TO BE TEMPORARILY OPERATED FOR PRODUCTION SHOWS FOR THREE YEARS, LOCATED AT 123 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15, APN 513560008. STAFF ANALYSIS: The project site is currently occupied by an unoccupied portion of the Desert Fashion Plaza. Demolition of a 17,400 sf portion of the unoccupied building and surrounding walkway will provide space for the theatre. The site for the project has been vacant for some time, and the building it occupies is deteriorating, being vandalized, and serving as a site for graffiti. The proposed project will redevelop the site with a temporary entertainment use that would help deter further degradation of the site and support adjacent restaurant, entertainment and hotel uses in the Downtown. Pedestrian and vehicular access to the proposed theatre will be from the existing Desert Fashion Plaza parking lot on Tahquitz Canyon Way, Museum Drive, and North Palm Canyon Drive. Parking is available in the Desert Fashion Plaza surface parking lot and subterranean parking garage for a total of approximately 1,200 parking spaces. E=scalators from the underground garage will transport guests to the theatre. A bus loading and unloading zone is proposed on the east side of Museum Drive. The buses will be parked at a remote lot during performances. The surrounding land uses are described in Table 1. Table 1: Surrounding land uses, General Plan, and Zoning Land Use General Plan Zoning North Vacant Desert Fashion Plaza CBD C-B-D South Hotel H 43/30 R-3 East Vacant Desert Fashion Plaza CBD C-B-D West Palm Springs Art Museum CBD C-B-D City Council Staff Report October 19, 2005 -- Page 3 Case 5.1073 CUP—Palm Springs Pavilion Theatre GENERAL PLAN ANALYSIS: The project site has a General Plan designation of CBD (Central Business District) which has a goal to create "a shopping district with a festive atmosphere ...", and, "an environment which integrates shopping and entertainment, cultural events ... ' The proposed project furthers these goals by providing an entertainment use closely supportive to surrounding CBD uses, and also incorporating both day and evening activities to enhance the festive downtown atmosphere. ZONING ANALYSIS: The proposed use involves a large assemblage of people and in accordance with Chapter 94.02.00.2.h of the Palm Springs Zoning Code, requires a Conditional Use Permit. The site is governed by Planned Development District 147 (PD-147) that created the Desert Fashion Plaza, with an underlying C-B-D (Central Business District) zone. The proposed use is consistent with PD-147, which contemplates a regional shopping mall. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. The proposed project has been created with the intent of encouraging patronage of other downtown businesses before and after the show, thereby encouraging pedestrian activity in the downtown area. With respect to building height, the project replaces an existing portion of the Desert Fashion Plaza with a temporary tent structure of similar area, height and intensity. The proposed tent would be 50 feet tall at the highest point and is considered a high-rise building according to 93.04.00 of the Zoning Code. High-rise structures require sites to provide 60% usable landscaped open space and a 3:1 setback ratio (which in this case is 150 feet). PD-147 approved high-rise structures and landscaped open space. The proposed project will not intrude into those previously approved landscaped areas. The edge of the tent structure is 187 feet from the west property line (Museum Drive) and 2112 feet from the south property line (Tahquitz Canyon Way). Therefore, the proposed setbacks exceed the required setbacks for high-rise buildings. REDEVELOPMENT AREA The project site is within the Central Business District Redevelopment Project Area which sets for 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 project demolishes a vacant and vandalized building and restores some economic vitality to the Desert Fashion Plaza site. • "Eliminate Physical, Social, and Environmental deficiencies. Eliminate deteriorating buildings, ..." I City Council Staff Report October 19, 2005 -- Page 4 Case 5.1073 CUP— Palm Springs Pavilion Theatre The project demolishes a vacant and vandalized building and removes asbestos from the building. • "Stimulate Economic development. Encourage development of ... Commercial use ... to ensure the economic vitality of the downtown area". The proposed theatre will encourage visitors to visit downtown and theatre patrons will provide a stimulating effect on the surrounding commercial uses in downtown for pre and post-show dining and shopping. NOISE An assessment of noise generated by the proposed use was prepared by Clair Soundworx. The performances will be required to meet the standards identified in Chapter 11.74 of the Municipal Code (Noise Ordinance). The applicant proposes to mitigate noise impacts with the insulated tent and by placing many small speakers throughout the theatre so that there is no single loud point source. The noise :assessment accounted for noise generated by the performance and also for audience applause. The noise assessment found that at 200 feet from the tent structure, sound above 100hz would be 50dba while sound below 100ha would be 58dba. The nearest noise receptor is the Palm Mountain Resort and Spa, which is located approximately 300 feet away from the tent structure. Therefore, the noise insulating properties of the tent structure and the noise reduction due to distance to the nearest receptors will ensure that the proposed use meets the noise level limits set by the City's Noise Ordinance. Staff has included a condition requiring that the proposed use complies with the City's Noise Ordinance. LIGHTING With respect to exterior lighting, the project proposes six truss lighting towers ranging in height from 30 to 42 feet. During the evening, these towers would wash the south, east, and west elevations of the pavilion roof with 15OW metal halide floodlights to create a soft glow and to accent surrounding landscape scrubs. The lighting will be turned off about one-half hour after the evening show. In the winter months the lighting would be on for about 3 hours, and in the summer months about 1 hour. A lighting study was prepared that showed the proposed lighting would average slightly below 2 footcandles. The light sources on the towers are equipped with shading devices and directed only at the tent and downwards at the entrance in order to reduce glare and prevent spillage of light onto adjoining properties. The existing buildings to the east and north block view of the tent, and the row of dense street trees along Tahquitz Canyon Way and Museum Drive block views of the tent from surrounding properties. The parking lot will be lit with the existing light poles. Staff recommends a condition of approval that reaffirms the lighting will be required to meet City standards. City Council Staff Report October 19, 2005 -- Page 5 Case 5.1073 CUP— Palm Springs Pavilion Theatre ACCESS AND TRAFFIC: The project hopes to draw about 1,000 persons per 90-minute performance. Only one or two performances per day are proposed. Vehicular access would primarily be from Tahquitz Canyon Way and Museum Drive with the North Palm Canyon Drive entrance into the parking garage also available. Palm Springs parking requirements for this size of an audience is 333 spaces (one space per 3 fixed seats plus one space for each twenty-four square feet of assembly area). The off-street parking standard assumes that most patrons arrive by private car, and that two to four patrons per car is typical. Staff also believes that the proposed location will induce some patrons to walk from surrounding hotels or restaurants. Further, the applicant is also working to coordinate bus service to the performances from more distant hotels, which would reduce traffic and parking. It is preferred that bus loading and unloading and parking occur on-site in the parking lot, however, if this is not possible, a condition of approval provides for bus unloading/loading on Museum Drive and bus parking off-site during the performance. The 1,200 space Desert Fashion Plaza parking lot and adjoining roadways surrounding the project site were designed to provide significant vehicular access. A traffic and parking report was prepared by Albert Grover & Associates and approved by the City Engineer which found that the surrounding roadways have the capacity for the volume of traffic anticipated by the proposed use. However, VillageFest closes vehicular travel on Palm Canyon Drive between Amado Road and Baristo Road every Thursday, which affects the 7 p.m. performance. Although the alternative access roads (Belardo Road and Museum Drive) provide sufficient access, a condition of approval requires the applicant to provide approved Traffic Control Personnel on Thursday evening shows to direct and control traffic. Some patrons may walk into the Thursday evening performance after taking in VillageFest. In addition to traffic control personnel on Thursday, staff recommends that the applicant submit a traffic control plan for all other performance days so that impacts to the adjacent residential neighborhood are minimized. Staff recommends that the applicant install directional signs in order to direct traffic towards Tahquitz Canyon Way/Palm Canyon Drive and Museum Drive/Belardo Road. There will not be any vehicle stacking onto public streets as parking will be paid as vehicles leave the parking lots, thereby limiting any congestion to within the parking lot. The backs of the show tickets will provide information to patrons regarding available parking. The applicant is also exploring potential arrangements with local merchants and restaurants so that patrons receive a parking credit if their ticket is validated. This could encourage patrons to have dinner and shop, thereby, spreading out the time when cars will be waiting to exit the parking lot. The project is conditioned to provide free flow into the site, and to provide payment for parking as vehicles exit the parking lot. City Council Staff Report October 19, 2005 -- Page 6 Case 5.1073 CUP— Palm Springs Pavilion Theatre As proposed and conditioned the project is not envisioned to present any significant traffic or parking concerns. ]ENVIRONMENTAL ASSESSMENT: (Pursuant to the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was conducted and a Notice of Intent to adopt a Mitigated Negative Declaration was sent to applicable agencies and published on September 26, 2005 in the Desert Sun for a 20-day review period ending October 17, 2005. The Mitigated Negative Declaration is attached to this report. The Mitigated Negative Declaration found the environmental impacts of the proposed project to be less than significant with the following mitigation measures: • Public Services: Provision of private security before, during and after the show • Transportation/Traffic: Provision of approved traffic control personnel on Thursday nights • Transportation/Traffic: Management of bus unloading/loading and parking The resolution adopting the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program is provided in Attachment 3. NOTIFICATION All property owners within a 400-foot radius of the project site and interested parties were mailed a public hearing notice at least 10-days prior to the public hearing for this project. As of the writing of this report, staff has received inquiries regarding the project's height, traffic, and noise impacts. On September 26, 2005, a neighborhood meeting was held to present the project and hear neighborhood concerns. Notice of the meeting was mailed to all property owners within a 400-foot radius of the project site and e-mailed to designated representatives of the Historic Tennis Club Neighborhood Association, Small Hoteliers Association, and other neighborhood representatives registered with the city. Approximately 25 people attended the meeting. There was overall support for the project from meeting attendees, however, there were concerns that the quality of life in the neighborhood not suffer as a result of the proposed project. The following were some of the key issues discussed and the responses to each issue: Traffic and Circulation • Cahuilla Road should be closed to all but local traffic during performance nights. Currently, traffic-calming devices to discourage through-traffic are in place on Cahuilla Road. Restriction of access is not consistent with State Law and enforcement would be difficult and expensive. Staff recommends that the City Council Staff Report October 19, 2005 -- Page 7 Case 5.1073 CUP— Palm Springs Pavilion Theatre applicant provide directional signs that direct traffic towards collector and secondary roads such as Tahquitz Canyon Way and Museum Drive/Belardo Road. • Some feeling traffic control should be provided for all night performances, not just on Thursday nights (VillageFest). VillageFest road closures justify manned traffic control. Manned traffic control for every night would not appear warranted, as patrons will use major streets, unless they live or are residing at hotels on local streets. As stated above, staff recommends directional signs be used as a substitute for manned traffic control. Underground parking access on Palm Canyon Drive should be open and used. A condition of approval is included to provide this entry/exit on Palm Canyon Drive. Parking U Concern cars will back up on streets if parking fee is collected on entry. Suggested ideas were including parking in ticket price and printing parking information on the ticket. Cars will not back up onto streets because conditions of approval are included to: 1) require any paid parking to be collected on exit and not on entry to the parking lot, thus reducing cars queuing on public streets and 2) print parking information on the show ticket. Lighting and Landscaping • Good to trim street trees on Tahquitz Canyon Way and Museum Drive, but trim just enough to allow people to walk under. The trees are a desirable buffer between Desert Fashion Plaza and neighborhood. Street trees are in City of Palm Springs Right-of-Way and maintenance is conducted or permitted by the City. • Cost and maintenance issues with idea to add Tivoli lights (small white lights) in street trees on Tahquitz Canyon Way and Museum Drive. Street trees are in City of Palm Springs Right-of-Way and the City would not support adding lights to the trees. • Truss lighting towers are acceptable if lights are focused on tent and downward at entrance. The project proposes to provide low intensity decorative lighting that will be directed at the tent and downward to minimize spillage which was confirmed by a lighting study. A condition of approval acknowledges the project must conform with the City's outdoor lighting standards. City Council Staff Report October 19, 2005 -- Page 8 Case 5.1073 CUP— Palm Springs Pavilion Theatre • Concurrence between applicant and attendees that lighting would be turned off about 8:50 p.m. which is about 30-minutes after the evening performance. The proposed lighting would only occur about 30-minutes after the show. FISCAL IMPACT:': 'The City Council previously approved a loap 6f°$300,000 to Dick Taylor Productions for the proposed project. In addition, the Coincil also approved a waiver of development fees up to $10,000. The Council's action in approving the loan and waiver of fees was (based on the potential of the proposed project to generate pedestrian and economic activity in the downtown area. `r�%��,r.-�:As.�rrr,;•'�r � c�;>,�t�;,a�n�, '�,�r;,lL���, Kraig- Ewing;" Cp Thomas J. Wilsoxf � `1Direator of Planni g Services Assistant City Manager David H. Ready . City Manager Attachments: 'I. Vicinity Map 2. Project Exhibit Package, October 19, 2005 3. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program zt. Resolution :i. Conditions of Approval City Council Staff Report October 10, 2005 -- Page 9 Case 5.1073 CUP— Palm Springs Pavilion Theatre Department of Planning Services " Vicinity Map W+ a. S 0 o AIvIADO P.D o -7 - a m d 0 z 0 r z ' U AN DREAS RD _I � z w o z - � V f TAH ClUIT- DR 0 ¢ z :>111 o � L] z Legend = Lu xLu Site v m 4 - -ro [:::::,-------- a ARENAS RD 500 Feet o — tr �lO I _ CITY OF PALM SPRINGS CASE NO: 5.1073 CUP DESCRIPTION: Application to construct a temporary 23,729 sq.ft. Pavilion APPLICANT: Dick Taylor Theatre, to be operated for a period of 3 years, at the Productions southwest portion of the Desert Fashion Plaza located at 123 South Palm Canyon Drive, Zone CBD, Section 15. City Council Staff Report October 19, 2005 -- Page 10 Case 5.1073 CUP—Palm Springs Pavilion Theatre Attachment 2 Project Exhibits TEMPORARY PALM SPRINGS PAVILION THEATRE .rz� IlC 00 O O O Cl) 0 I I i I I EXTERIOR ELEVATION-WEST 2 =_ I J" I IT— O Id :I ® IIXTERIOR ELEVATION-SOUTH A4.0 `L•• a a5 Faq n=in [ai (�a TEMPORARY v',I' � PALM SPRINGS e ______ PAVILION L� � r• � —�—, o-- [� THEATRE � l o ° ir A© a _ � - z I 0 �zyrp„T, W rN N -- -------- T 4 C�-` �Y',J _ F E] 4 0 e e ____ -O e ' I FLGOR aL4N A2.1 C i r LLF -LL 6bn I TTlll`ll I I f rrmr)) IjJuj.IIF�:.LLIII�JJllJIllLI, ILLI TLIJI LIJ_I IT`yl �'{ -------------- Al z I , 2 9 w � IllIJ119 lITrTTff1 fTj I y rl frill Tr(T l uuluu T J T fI II k r ; - IIj ICI. I , 4 II s� rIIII 1C' t �LJ JIL �Illl a PAVILION THEATRE/INITIAL STUDY/NEGATIVE DECLARATION ENVIRONMENTAL CHECKLIST FORM ATTACHMENT 3 t. Project title: Palm Springs Pavilion Theatre, Case No. 5.1073 CUP 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Craig A. Ewing, AICP Director of Planning Services (760) 323-8245 •4. Project location: 123 North Palm Canyon Drive, Palm Springs, CA 92262 (APN 513-560-008), Section 15, T4S, R4E 5. Project sponsor's name and address: Dick Taylor Productions, Attn: Richard Taylor 170 North Palm Canyon Drive, Suite B Palm Springs, CA 92262 6. General plan designation: CBD (Central Business District) 7. Zoning: C-B-D (Central Business District Zone) The C-B-D zone provides standards for development of Palm Springs Downtown with primarily retail business in character, with related hotels, multiple-family dwellings, and service, office, cultural and institutional uses. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. In accordance with the Palm Springs Zoning Code, Chapter 94.02.00.2.h, this project proposes an establishment involving large assemblages of people and therefore, requires a Conditional Use Permit. 8. Description of project: The proposed project is for a Conditional Use Permit to construct a 23,729 sf pavilion theatre, to be operated for a period of 3 years, located on a portion of the Desert Fashion Plaza shopping mall. The theatre would host a 90-minute cirque-style production as well as concerts, musicals, and other presentations at 7:00 p.m. from Tuesday to Saturday and at 2:00 p.m. on Wednesdays, Saturdays, and Sundays. The project site is currently occupied by an unoccupied portion of the Desert Fashion Plaza. Demolition of a 17,400 sf portion of the unoccupied building and surrounding walkway will provide space for the theatre. The mall was developed in 6 phases between 1965 and 1986. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-1 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Non-structural demolition will include the removal of interior material in the existing structure, some of which has been determined to contain asbestos. The approximately 720' x 60' pavilion theatre will house a 1,028-seat stadium-style theatre and connect to a 2400 sf existing building, which adds an additional 30' in length to the pavilion tent. This existing building will be the lobby area for theatre guests. The pavilion would be a pitched- roof structure 18 feet high at the north and south edges increasing to 50 feet at its peak. Freestanding truss lighting towers ranging from 30 to 42 feet in height are also proposed and would illuminate the roof and entrance area of the pavilion theatre. Pedestrian and vehicular access will be from the existing Desert Fashion Plaza parking lot on East Tahquitz Canyon Way. Parking is available in the Desert Fashion Plaza surface parking lot and subterranean parking garage. Escalators from the underground garage will transport guests to the theatre. A bus loading and unloading zone is proposed on the east side of Museum Drive. The buses will be parked at a remote lot during performances. 9. Surrounding land uses and setting (briefly describe the project's surroundings): North-Existing Vacant Mall C-B-D zone South-Hotel R-3 zone East-Existing Vacant Mall C-B-D zone WVest-Palm Springs Art Museum C-B-D zone 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement). a. Palm Springs Fire Department b. Palm Springs Building Department c. Riverside County Environmental Health Department Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-2 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 3,i San widino Coco,- I— ----------4—---------- a J P lJ31W roject 74 Raixlo 0 11 d'. clila, irdbill LJ,Our J) Sul III �4, Lall? ......---------------- - San Diego ount,� Figure I Project Vicinity Map PNI Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-3 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION EAlxln Fd. C9 = Enn,adl,Ed. fl[EI.II Tahquitz Canyon'Way E Aienas Pd. W Wens Ad. o o is y Figure 2 Project Location Mop r-�i1vtC Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-4 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-5 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ® environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a 'potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 21 has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed /upon the proposed project,nothing further is required. 9�z.z�r� aig wi g ICP Da e Dire a la Wing ervices Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-6 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 09/21/06 14:57 FAX Ia OO2 PAVILION THEATRE/INITIAL STUDY/MITLCATED NEGATIVE DECLARATION APPLICATION CERTIFICATION: I certify That I am the applicant for the project described in this Initial Study. I acknowledge that I hove read thls Initial Study and the proposed mitigation measures. Further, I have revised project plans or proposals and/or hereby ogres to the proposed mitigatlon measures to avold the effects or mitigate the effects to a point where clearly no significant environmental effects would o Signature Date Print name and fitle Pavilion Tbeatre,Initial srudy/Miagated Negative Dedaration September 200-4 1.0-7 Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-7 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanalion is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact" entries when the determination is made, an FIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program FIR, or other CEQA process, an effect has been adequately analyzed in an earlier FIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-5 PAVILION THEATRE ANITIAL STUDY/MITIGATED NEGATIVE DECLARATION 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in who formal is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-9 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ El outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ® ❑ views in the area? a-c) No Impact. The proposed project would be located on the interior of the vacant Desert Fashion Plaza that has been vandalized with graffiti. The proposed structure would improve the visual character of the Desert Fashion Plaza by upgrading and maintaining the site. The temporary structure would be constructed of a high-density fabric cover called DuraWeave. The material has a large rip, tear, and puncture strength making the covers last for over 10 years. The frame consists of steel-tubing. The south and west sides of the tent would be screened by large, existing ficus trees and the north and east sides would be hidden from external view by the existing mall building. The proposed height of the pavilion is 50' of its peak and is therefore considered a high-rise building in accordance with Section 93.04.00 of the Palm Springs zoning code. High-rise buildings are required to have 60% usable landscaped open space on the site area and a 3:1 setback ratio. The Desert Fashion Plaza already has existing high-rise buildings on the property and is an approved planned development district. At the time that the planned development district for the mall was approved, the provisions for open space were already reviewed. With regards to the 3:1 setback requirement, the pavilion is required to have a setback of 150 feet from both street frontages (Tahquilz Canyon Way and Museum Drive). The proposed setbacks for the pavilion are 212 feet from the south property line (Tahquitz Canyon Way) and 187 feet from the west property line (Museum Drive). These setbacks exceed the required setbacks for high-rise buildings. Therefore, the proposed project would not result in adverse impacts to scenic resources, or degrade the visual quality of the site or surrounding areas. cl) Less than Significant. The project proposes to build six truss towers, ranging in height from 30 to 42 feet, with illumination at the entrance of the theatre. During the evening, these towers would wash the south, east, and west elevations of the pavilion roof with 150W metal halide floodlights to create a soft glow. A review of the photometric study shows that the lighting on the pavilion roof will not exceed 6.2 footcandles with an average slightly below 2 footcandles, a level that is recommended for light-colored surfaces with dark surroundings by the Illuminating Engineering Society of North America in the 91h Edition Handbook (The Ruzika Company, 2005). While there are no maximum standards for architectural lighting, Section 93.21.00 of the Palm Springs zoning code allows a maximum footcandle rating of 8.0 for parking lots and states that, "light sources must be Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-10 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION full cutoff so as not to direct light skyward, and shall be so arranged by means of filters or shields to avoid reflecting light onto adjoining properties or streets." The light sources on the towers are equipped with bomdoors and directed only at the tent and downwards at the entrance in order to reduce glare and prevent spillage of light onto adjoining properties. As existing parking lot light standards already existing, no additional parking lot lights are proposed as a part of this project. With respect to other proposed architectural lighting, low potted shrubs along the south side of the pavilion would be lit with livoli lights. Low intensity lighting would produce a soft glow lighting the tent approximately 3 hrs a night, occurring only about '/2 of the year depending on the season. The soft glow would end '/2 hour after the show in the evening. Any proposed lighting would be required to comply with Section 93.21.00 of the Zoning Ordinance. Therefore, the proposed project would not result in the creation a substantial new source of light or glare. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-11 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ use, or a Williamson Act contract? c) Involve other changes in the existing environment, which due to their location or ❑ ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a-c) No Impact. The proposed project is on an existing developed site in Downtown Palm Springs and would not be located on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The proposed project site is not subject to a Williamson Act Contract; therefore, the proposed uses would not conflict with agricultural zoning or other agricultural regulations. There is no farmland or agricultural land in the immediate vicinity of the proposed project site. Therefore, the project would not result in the conversion of farmland to non-agricultural uses. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-12 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ® ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an ❑ ❑ ® ❑ applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? a-c) Less Than Significant Impact. The project is within the jurisdiction of the South County Air Quality Management District (SCAQMD). Development of the proposed project site would be governed by the 2003 Air Quality Management Plan (2003 AQMP) and the 2002 Coachella Valley PMIO Slate Implementation Plan (CVPM10 SIP), which manages air quality in the area. These plans use the Palm Springs General Plan to estimate air quality conditions. CEQA requires that project be consistent with the applicable AQMP. The proposed project would be on an existing commercial site and includes demolition of a portion of an existing structure along with the construction of a temporary pavilion to operate a cirque-style production show. The proposed project is consistent with the General Plan land use designation for the site and is substantially similar to the uses and air quality impacts planned for the site. Following construction, the main air pollutants generated in association with operation of the proposed project would be traffic- related. Therefore, the project is not anticipated to conflict with or obstruct implementation of the 2003 AQMP. This impact is considered less than significant. d) No Impact. The proposed project is setback at least 187 feet from a public road. During the short-term period of construction, the project could have the potential to expose the area to increased levels of dust emissions. A Fugitive Dust Control Plan will be submitted to the Engineering Division for review and approval prior to demolition. The project will be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code (Fugitive Dust Control), and shall be required to utilize one or more "Coachella Valley Besl 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. Therefore, the project is not anticipated to expose sensitive receptors to substantial pollutant concentrations. No impact would occur. e) Less than Significant Impact. The proposed temporary live performance theatre is not anlicipated to generate any long-term odors and the nearest public road is at least 187 Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-13 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION feet away. Machinery, equipment, and/or vehicles may emit noticeable odors during construction. However, these odors are short-term in nature and typical of renovation and construction. Exposure would be limited to construction workers. Large numbers of people would not be affected by odors associated with construction. Odors would cease following completion of the project. Therefore, impacts associated with exposure of substantial number of people to objectionable odors would be considered less than significant. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-14 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies ❑ ❑ ❑ or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect On any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ 0 regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) I-lave a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ to, marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ 0 migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ 0 preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plan, or other approved local, regional or state habitat conservation plan? a-b) No Impact. The project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The proposed project would occur within an existing, fully developed site, and no sensitive habitat, riparian habitat, or natural community occurs onsite. Therefore, the project would not result in impacts to endangered, threatened, or rare species or their habitats or any riparian habitat or other sensitive natural community. c) No Impact. The site does not contain any wetland areas or waters. Section 404 of the Clean Water Act regulates the dredge and/or fill of waters and wetlands of the United States, specifically relating to how these activities may cause an adverse effect to, or loss of, federal wetland/water resources. Regulatory responsibility falls under the jurisdictional authority of the U.S. Army Corps of Engineers (ACOE). Under Section 404, any development or activity, which may result in temporary or permanent, impacts to these federally—protected resources must prepare a Pre-Construction Notification for review, Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-15 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION and potential permitting, by the ACOE. Therefore, no impact to federally protected wetlands as defined by Section 404 would occur. d) No Impact. The proposed project site is located in a developed, urban area of Palm Springs, and no corridors or habitat suitable for migratory or wildlife species occur onsite. Therefore, no migratory patterns of fish or wildlife would be impacted by this project and no impact would occur. e) No Impact. The project does not propose any removal or disturbance of sensitive biological resources or landmark trees. Therefore, no conflicts with local policies or ordinances protecting biological resources would occur. f) No Impact. The City of Palm Springs does not have an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Therefore, the project would have no impact on these types of plans. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-16 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IV. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique El El paleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? a-c) No Impact. The EIR prepared for the Palm Springs General Plan showed that the project site is not located in an area that may have archeological or paleontological resources. Therefore, no impact would occur d) No Impact. The proposed project would occur within an existing developed site. There are no known human remains, burial sites, or formal cemeteries within the project area. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-17 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including ❑ ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ ❑x b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ❑ site landslide, lateral spreading, subsidence, liquefaction or col lapse? cl) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El El disposal systems where sewers are not available for the disposal of wastewater? a) i) No Impact. The site is not located within an Alquist-Priolo earthquake hazard zone and there are no known faults crossing or in the vicinity of the project site. However, the project site, as with virtually all sites within the state, would be vulnerable to ground shaking in the event of an earthquake. The project site and surrounding vicinity are relatively flat eliminating the potential for landslides. The City of Palm Springs General Plan requires that the project be designed and constructed in accordance with the requirements of the Uniform Building Code (UBC). Adherence to the provisions of the UBC would reduce potential for structural damage in the event of an earthquake. Therefore, no impact would occur. ii) No Impact. Any major earthquake damage in the City of Palm Springs is likely to occur from ground shaking and seismically related ground and structural failures. Local soil conditions, such as topography, soil strength, thickness, density, water content, and firmness of underlying bedrock affect seismic response. Seismically Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-18 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION induced shaking and some damage should be expected to occur but damage should be no more severe in the project area than elsewhere in the region. Therefore, no impact would occur. iii) No Impact. There are no known geological hazards caused by ground failure or liquefaction, which would prevent use of the site. The project proposes a temporary pavilion, which like all development in the City, would be required to conform to the Uniform Building Code, with structural design prepared by a State of California registered professional engineer. Therefore, no impact would occur. iv) No Impact. The ground is level and approval of the project would not expose people or structures to potential landslides.Therefore, no impact would occur. b) No Impact.The proposed project would be built on an existing site. The proposed project site is relatively flat, and all excavated soil material would be subject to Construction- Phase Best Management Practice (BMP) requirements for erosion control as a part of the proposed project's compliance with the Regional Water Quality Control Board's (RWQCB) National Pollution Discharge Elimination System (NPDES) Permit and Storm Water General Permit. In addition, existing codes regulate land grading and erosion control if and when construction occurs during winter months (November-March) when precipitation is most likely to occur. Therefore, no impact would occur. c-d) No Impact. See items a and b, above. e) No Impact. The project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. The proposed project site is located in a developed, urban area currently served by the City of Palm Springs wastewater disposal system. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-19 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ® ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ® ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste ❑ ❑ El ❑X within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a-b) Less Than Significant With Mitigation Incorporated. The proposed project would involve demolition of a vacant building found, through a study submitted by the applicant, to contain asbestos. The proposed project is required to comply with all State and Federal requirements, including, but not limited to, the Occupational Safety and Health Organization (OSHA) requirements for worker- safety, and the California Department of Toxic Substances Control (DTSC, Federal Resource Conservation and Recovery Act (RCRA) regulations regarding hazardous waste disposal. The hazardous materials study identified abestos on- site. An Air Quality Management District (AQMD) approval shall be required prior to issuance of a demolition permit and removal of abestos. With standard permit measures and asbestos removal complying with city requirements, this impact is therefore less than significant. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-20 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION c-d) No Impact. The project site is not included on a list of hazardous materials sites compiled pursuant 10 Government Code Section 65962.5. No impact would occur. e-f) No Impact. The project is located outside of the adopted Riverside County Airport Land Use Compatibility Plan area for the Palm Springs International Airport (PSP) and is therefore considered to have no impact on airport activities. ESP is located approximately 2 miles from the project site. The proposed project would not result in a safety hazard for people residing or working in the project area. g) No Impact. The City of Palm Springs Emergency Plan was established to address planned response to extraordinary emergency situations associated with natural disasters and technological incidents. The Plan focuses on operational concepts relative to large- scale disasters, which can pose major threats to life and property requiring unusual emergency responses. Therefore, no impact is anticipated. h) No Impact. Based on the site's location in an urban area, it would not be subject to wildland fire. No impact would occur. Pavilion Theatre, initial Study/Mitigated Negative Declaration September 2005 1.0-21 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste ❑ El ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater ❑ El ❑ table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ® ❑ would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ® ❑ increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ El Elstormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ❑ El Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ El that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ a, e) No Impact. The project is a temporary use on an existing developed site and would be required to meet all applicable water quality standards or waste discharge requirements prior to issuance of a building permit thereby avoiding violation of such standards or requirements. Therefore, no impact would occur. b) No Impact. The proposed project is on an existing site and a net deficit in aquifer volume or a lowering of the local groundwater table is not anticipated and therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-22 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION c-d) Less Than Significant Impact. The project would not alter the course of any stream or river as none are located on-site or in the immediate vicinity of the site. The project may result in a slight change to the existing drainage pattern, due to the development of the additional structure. However, because the existing site is fully developed, the extent of this change would be less than significant. f) No Impact. The proposed project would be on a site that is already developed and no changes to the area would impact the water quality. g-h) No Impact. The project is not located within an area designated as a 100-year flood boundary by the Federal Emergency Management Agency (FEMA). The project site is found on Flood Insurance Rate Map (FIRM) Panel 060257 0006D, dated July 7, 1999 for Riverside County. The FIRM designates the site as Zone C indicated as an area of minimal flooding and outside of the 100-year flood boundary. Therefore, flooding impacts associated with the proposed project are not considered significant. i) No Impact. The Palm Springs General Plan Environmental Impact Report does not identify risk of loss, injury, or death due to flooding as a result of levee or dam failure in the city of Palm Springs. Therefore, no impact would occur. j) No Impact. The ,city of Palm Springs is not located in an area subject to seiche, tsunami or mudflow. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-23 PAVILION THEATREIINITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IIX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general ❑ ❑ ❑ plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ El ❑ plan or natural community conservation plan? a) No Impact. The proposed project would visually enhance the established community through the renovation of an existing site and existing structures, along with the addition of a complimentary new structure, and the installation of new landscaping improvements. The project would not divide an established community and no impact would occur. b) No Impact. The proposed project would be consistent with the allowable uses within the Central Business District land use designation, as well as the C-B-D (commercial-business- district) zone. The pavilion requires the approval of a Conditional Use Permit and would be operated for a period of 3 years. No other land use plans or regulations are applicable to the proposed project site. Therefore, no impact would occur. c) No Impact. The project would not conflict with an applicable habitat conservation plan or natural community conservation plan. No impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-24 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. No significant mineral resources have been identified in the project area. The Palm Springs General Plan EIR (Palm Springs, 1992) has not identified any mineral resources in the planning area. Therefore, no impact to mineral resources would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-25 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ local general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project? d) A substantial temporary or periodic increase .in ambient noise levels in the project vicinity above ❑ ❑ ® ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ El ❑ working in the project area to excessive noise levels? a) Less Than Significant. The proposed project is setback at least 187 feet from the street and surrounded by large street and on-site trees to the west and south as well as the remaining portion of the Desert Fashion Plaza building to the north and east. The project would incorporate R30 insulation on the sides as well as the top of the pavilion significantly reducing sound. The studies preformed by Clair Soundworx (August 2005) factored in applause, amplified volumes, and various frequencies and found that noise levels would comply with the City of Palm Spring's noise ordinance Chapter 93.21.00. Therefore, this would be a less than significant impact. b-c) No Impact. The proposed project would be a temporary theatre that is at least 187 feet away from the nearest street. A noise study was completed for the project that indicates the project would not be anticipated to generate noise that would subject surrounding residents to noise elevations and/or ground vibration. d) Less Than Significant Impact. The proposed project would result in temporary, periodic increases in the ambient noise levels from audience applause during the show. These noise levels have been studied by Clair Soundworx (August 2005) and comply with the City of Palm Springs Noise ordinance. Therefore, the impact would be less than significant. e-f) No Impact. The project is located outside of the adopted Riverside County Airport Land Use Compatibility Plan area for the Palm Springs International Airport (PSP) and is therefore considered to not be subject to potential impacts from airport activities. The Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-26 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION proposed project is located approximately 2 miles west of PSP and does not propose any components that would introduce people in the area to excessive airport noise. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-2 7 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIL POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of ❑ ❑ ❑ roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a-c) No Impact. The existing project site is a Vacant Shopping mall located in Downtown Palm Springs. However, the Desert Fashion Plaza has not been in operation for many years, and the proposed project is a temporary structure rather than permanent. Therefore, no existing permanent residents or housing would be displaced to accommodate the proposed project. Further, the proposed project would be located in a commercial business zone, where no residential units are located. The proposed project provides temporary entertainment and is a place where patrons will come for a 90-minute show, then leave. Therefore, no impact on population and/or housing would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-28 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ Z a) Less Than Significant Impact. The proposed temporary tent would be located in the Desert Fashion Plaza, which is an existing facility. This area at one time served as a shopping destination for visitors and residents of Palm Springs seven days a week, operating at a higher capacity then the proposed project. The project would not result in significant impacts to structures or any emergency response procedures. The Palm Springs Fire Department (PSFD) serves the current population of 44,260 persons, covering a geographical area of 96 square miles with five fire stations. The maximum acceptable fire response time within the urbanized areas has been set at five minutes by the PSFD. Fire Station 441 is the closest station to the proposed project site and is located at 277 North Indian Canyon Drive. The Station's emergency response time to the site is approximately one minute. Construction activities are not anticipated to result in an increase in demand for fire protection services. The project would conform to the access requirements and conditions of approval for the PSFD prior to submission for a building permit. Therefore, a less than significant impact would occur. b) Less Than Significant with Mitigation Incorporated. The proposed project would have an impact on the ability to deliver police service in a timely manner. Due to the current staffing levels and extensive city development, any new commercial business that attracts people to the city would add stress to the existing police services. The nearest police station to the project site is the Downtown Office near the corner of Tahquitz Canyon Way and Indian Canyon Drive. The Downtown Office is staffed with two officers who do not use the office on a regular basis. As a result, a 30-second response time is not guaranteed as response times depend on the level of the call for service and officer availability. In order to ensure the impact on police service is at a less than significant level the following mitigation would be required: Mitigation Measure MIA XIII-1 The project proponent shall be required to provide private security before, during and after the show. c) No Impact. The project does not propose any new residences or other facilities that would affect schools. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-29 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION d-e) No Impact. The project is a temporary pavilion theatre and private recreation use and does not include any development or uses that would lead to an increased demand for parks and recreation services or other public facilities. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-30 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ❑ deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of ❑ ❑ recreational facilities, which might have an adverse physical effect on the environment? a-b) No Impact. The project does not propose any new residences or other facilities that would affect existing parks and recreation facilities. The proposed project does not include any development or features that would increase the use of existing recreation facilities or increase demand for additional recreational facilities. The proposed project does not include any new recreational facilities. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-31 September 2005 PAVILION THEATRONITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XV. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ❑ ❑ ® ❑ increase in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ ® ❑ ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ 0 location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El El ❑ intersections) or incompatible uses (e.g., farm Xl equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑X ❑ ❑ turnouts, bicycle racks)? a) Less Than Significant Impact. The proposed project would be located in the existing vacant Desert Fashion Plaza. There could be temporary queuing in the existing onsite driveways or nearby parking lots at the end of the show. The existing 283,452 square foot shopping center has 1,200 available parking spaces (in excess of city standards of one space per 325 sf), with multiple ingress/egress points. The project would remove approximately 17,500 sf of the existing shopping center and replace it for three years with a temporary pavilion that would contain 1,028 seats. The City parking requirement for this type of usage is one space per three fixed seats, for a total parking requirement of 343 spaces. The 343 additional required spaces do not result in exceeding the total of 1,162 required parking spaces for the proposed project and shopping center site. Given this amount of fixed seats with the available on-site parking, as well as no other additional development/redevelopment proposed at this time, Albert Grover and Associates (August, 2005) concluded that no additional significant traffic and/or parking impacts will result from the operation of the pavilion theatre. Therefore a less than significant impact would occur. b) Less Than Significant with Mitigation Incorporated. The proposed project would be located at an existing partially occupied shopping mall for residents and visitors of Palm Springs. The temporary structure would replace an existing vacant store. The streets that surround the Desert Fashion Plaza previously carried traffic volumes sufficient to support the circulation needs of a daily shopping destination. Therefore, it is not anticipated that the level of trips generated by two shows on Wednesdays and Saturdays and one show Pavilion Theatre, Initial Study/Mitigated Negative Declaration Septernher 2005 1.0-32 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION on every other day except Monday, would result in a significant impact. However, on Thursday nights the City hosts the Villagefest outdoor market in the downtown area, which closes vehicular traffic on North Palm Canyon Drive. The addition of the project traffic to alternative routes to the proposed project site may result in temporary impacts and mitigation may be required. To ensure no impacts will occur to the level of service the following mitigation measure would be required: Mitiqation Measure MM XV-1 Thursday night shows require the applicant to furnish low enforcement or other trained and certified personnel to provide traffic control, as necessary to improve traffic circulation affected by street closures related to VillageFest. It shall be the applicant's responsibility to obtain law enforcement personnel for traffic control at the required intersections, and in the event law enforcement personnel are unavailable, the applicant shall advise the City Engineer in wriling a minimum of 48 hours in advance, who shall advise the City Manager to determine whether the cancellation of the Thursday night performance is in the interest of the public's health, safety and welfare. The City Manager's determination shall be final, not subject to appeal. c-f) No impact. The proposed project is not anticipated to exceed either individually or cumulatively a level of service standard established by Riverside County. The project would not result in significant increases in traffic volumes on area roadways, nor would it result in an exceedance of a county established level of service. Therefore, no impact would occur. g) Less than Significant with Mitigation Incorporated. Ideally, the proposed project would have onsite bus loading/unloading and parking. If this is not possible then the proposed project would have busses load and unload along the east side of Museum Drive immediately adjacent to the project site, in a location designated by the City Engineer. To ensure no traffic impacts will occur while buses load and unload, the following mitigation would be required: Mitiqation Measure MM XV-2 If bus loading and unloading, and temporary bus parking is allowed on Museum Drive, the applicant shall install appropriate traffic striping and signage meeting the approval of the City Engineer. Bus loading and unloading, and parking shall occur along the east side of Museum Drive immediately adjacent to the project site, in a location designated by the City Engineer. Bus parking on Museum Drive shall be prohibited, and bus loading and unloading shall be limited to a maximum of 10 minute intervals. The applicant shall ensure that after unloading passengers, bus parking occurs off-site at locations approved by the City Engineer or on private property with the property owner's approval. A bus routing plan for loading and unloading of passengers from the theater shall be submitted to the City Engineer for approval, with specific emphasis on bus routing during Thursday evening performances, to ensure adequate provisions are made to avoid disruptions to existing traffic control restrictions in place for Villagefest. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-33 September 2005 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Potentially Significant With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the El El ® ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of El ❑ ® ❑ existing facilities, the construction of which could cause significant environmental effects? e) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ ❑ ® ❑ facilities, the construction of which could cause significant environmental effects? ,d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ® ❑ resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ® ❑ project's projected demand, in addition to the provider's existing commitments? 1) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state and local statutes and El ❑ ❑ regulations related to solid waste? a-e) Less Than Significant Impact. Although the addition of a new entertainment facility would result in some wastewater generation, the project would not significantly increase the amount of wastewater flows to the RWTP. Further, the project would not result in a need for additions or improvements to wastewater service or infrastructure, and all onsite drainage facilities would be constructed in accordance with the National Pollution Discharge Elimination System (NPDES) Permit and Storm Water General Permit. As described in the City of Palm Springs General Plan EIR, capacity requirements at the treatment plant are calculated on population based water-flow projects and are not related to specific land uses or designations. As the proposed project would not substantially add to flows anticipated under the general plan and no expansions in treatment capacity would be necessary, impacts to wastewater treatment are not considered significant. f-g) No Impact. The City of Palm Springs contracts with Palm Springs Disposal Services (PSDS) for solid waste collection services. Solid waste generated in the area is disposed of at the Edom Hill landfill or the Coachella landfill. As of the 1993 General plan, these landfills were anticipated to have a remaining life of 30 years and 26 years respectively. In addition, the proposed project would comply with all federal, state and local regulations regarding the transport and disposal of hazardous waste, should any be found to occur during project activities. Therefore, no impact would occur. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-34 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant _ Impact d Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are ❑ El El when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ ❑ beings, either directly or indirectly? a) No Impact. The proposed project would not degrade the quality of the environment; result in an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic cultural resources because project components do not include any construction or development on areas that are not identified as sensitive. Prehistoric or historic cultural resources would not be adversely affected because no archeological resources are known to exist in the project areas, and the proposed project would be subject to mandatory mitigation measures regarding the preservation of the Federal, State, and local historic sites. Further, project implementation includes compliance with appropriate procedures for avoiding or preserving artifacts or human remains, archeological, or paleontological resources if they are discovered. b) No Impact. The project would be consistent with the City's General Plan and would not create any significant impacts. The proposed project is for the construction and operation of a pavilion theatre for a period of 3 years. Other projects in the area include a multi-family development at the west end of Tahquitz Canyon Way and a multi-family development at the northwest corner of Baristo Road and Cahuilla Road, which are both currently under construction and were reviewed for potential environmental impacts. No other projects involving new construction are known at this time. The proposed project is located in the downtown area where it is expected that active uses such as the contemplated use would occur. All project impacts would be reduced by adhering to basic regulatory requirements and/or conditions of approval. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-35 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION c) No Impact. The preceding discussion has outlined the potential impacts and mitigation measures to reduce those impacts to less than significant. Therefore, the proposed project would not have any direct or indirect adverse impacts on humans. Pavilion Theatre, Initial Study/Mitigated Negative Declaration September 2005 1.0-36 PAVILION THEATRE/INITIAL STUDY/MITIGATED NEGATIVE DECLARATION REFERENCES 1) City of Palm Springs. City of Palm Springs Draft Environmental Impact Report, December 1992. 2) City of Palm Springs. City of Palm Springs General Plan. 1992. 3) City of Palm Springs. City of Palm Springs Zoning Code. 2004. 4) Government Code Section 65962.5(f), "Hazardous Waste and Substances Statement". 5) Albert Grover & Associates. Palm Springs Pavilion Theatre Traffic Assessment. August 10, 2005. 6) South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993. 7) Clair Soundworx Pavilion Theatre Noise Letter. August 31, 2005. 3) Northwest Envirocon Inc. Pavilion Theatre asbestos report. August 15, 2005. 9) The Ruzika Company. Pavilion Theatre Lighting Letter. September 6, 2005. 10) Riverside County Airport Land Use Commission. Riverside County Airport Land Use Compatibility Plan. October 14, 2004. Pavilion Theatre, Initial Study/Mitigated Negative Declaration 1.0-3 7 September 2005 5.1073 CUP, Palm Springs Pavilion Theatre 123 North Palm Canyon Drive October 19, 2005 MITIGATION MONITORING AND REPORTING PROGRAM MONITORING/ MITIGATION MEASURE RESPONSIBLE REPORTING IMPLEMENTATION PARTY ENTITY STAGE PUBLIC SERVICES XM-1 The project proponent shall be required to provide private security Project Proponent City of Palm Springs Throughout life of project before, during and after the show. Police Department TRANSPORTATION/TRAF F I C XV-1 Thursday night shows require the applicant to furnish law enforcement Project Proponent City of Palm Springs Throughout life of project or other trained and certified personnel to provide traffic control, as Public Works and necessary to improve traffic circulation affected by street closures related Engineering to VillageFest. It shall be the applicant's responsibility to obtain law Department enforcement personnel for traffic control at the required intersections, and in the event law enforcement personnel are unavailable, the applicant shall advise the City Engineer in writing a minimum of 48 hours in advance, who shall advise the City Manager to determine whether the cancellation of the Thursday night performance is in the interest of the public's health, safety and welfare. The City Manager's determination shall be final,not subject to appeal. XV-2 If bus loading and unloading, and temporary bus parking is allowed on Project Proponent City of Palm Springs Prior to certificate of Museum Drive, the applicant shall install appropriate traffic striping and Public Works and occupancy and throughout signage meeting the approval of the City Engineer. Bus loading and Engineering life of project unloading, and parking shall occur along the east side of Museum Drive Department immediately adjacent to the project site, in a location designated by the City Engineer. Bus parking on Museum Drive shall be prohibited, and bus loading and unloading shall be limited to a maximum of 10 minute intervals. The applicant shall ensure that after unloading passengers, bus parking occurs off-site at locations approved by the City Engineer or on private property with the property owner's approval. A bus routing plan for loading and unloading of passengers from the theater shall be submitted to the City Engineer for approval, with specific emphasis on bus routing during Thursday evening performances, to ensure adequate provisions are made to avoid disruptions to existing traffic control restrictions in place for VillageFest. 5.1073 CUP 1 October 19, 2005 City Council Staff Report October 19, 2005 -- Page 11 Case 5.1073 CUP— Palm Springs Pavilion Theatre RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTNG A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1073 CUP, SUBJECT TO THE CONDITIONS OF APPROVAL, FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 23,729 SQUARE FOOT, 1000-SEAT PAVILION TENT, TO BE TEMPORARILY OPERATED FOR PRODUCTION SHOWS FOR THREE YEARS, LOCATED AT 123 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15, APN 513560008. WHEREAS, Dick Taylor Productions (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) to construct a 23,729 square foot, 1000-seat pavilion tent, to be temporarily operated for production shows for three years, located at 123 North Palm Canyon Drive, Zone C-B-D, Section 15, APN 513560008; and WHEREAS, the proposed project includes the demolition of approximately 17,000 square feet of the existing Desert Fashion Plaza to be replaced by the performance theatre, lobby area, truss lighting towers, and lighting on planted shrubs; and WHEREAS, the Applicant has paid the required filing fees; and WHEREAS the proposed project was submitted to appropriate agencies as required by the requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, the proposed project was presented at a Neighborhood Meeting on September 26, 2005; and WHEREAS, the proposed project was reviewed by the Architectural Advisory Committee on October 10, 2005; and WHEREAS, proposed project 5.1073 CUP is considered a "project' pursuant to the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration was prepared for this Project and has been distributed for public review and comment in accordance with CEQA Guidelines; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the Case 5.1073 CUP was given in accordance with applicable law; and WHEREAS, on October 19, 2005, the City Council conducted a duly noticed public hearing on said project; and City Council Staff Report October 19, 2005 -- Page 12 Case 5.1073 CUP— Palm Springs Pavilion Theatre WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the public hearing on the project, including but not limited to the Case 5.1073 CUP, staff report, all environmental data including the Mitigated Negative Declaration, Neighborhood Meeting comments, Architectural Advisory Committee comments, 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) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore adopts a Mitigated Negative Declaration for the project. The City Council has independently reviewed and considered the information contained in the MIND prior to its review of this Project and the MIND reflects the City Council's independent judgement and analysis. SECTION 2: Pursuant to Section 94.02.00 of the Palm Springs Zoning Ordinance a. The use applied for at the location set forth in the application is properly one for which condition use permit is authorized by this Zoning Code. In accordance with the Palm Springs Zoning Code, Section 94.02.00.2.1h, this project proposes an establishment involving large assemblages of people and therefore, requires a Conditional Use Permit. The site is governed by Planned Development District 147 (PD-147) that created the Desert Fashion Plaza, with an underlying C-B-D (Central Business District) zone. The proposed use is consistent with PD-147, which contemplated a regional shopping mall. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. The proposed project has been created with the intent of encouraging patronage of other downtown businesses before and after the show, thereby encouraging pedestrian activity in the downtown area. b. The use is necessary of desirable for the development of the community, 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 use is necessary and desirable for the development of the community because it will replace a vacant dilapidated building with a use that will promote revitalization of the downtown; is in harmony with the General Plan by promoting commercial vitality, eliminating deficiencies and stimulating economic City Council Staff Report October 19, 2005 -- Page 13 Case 5.1073 CUP—Palm Springs Pavilion Theatre development; and as proposed and conditioned is not detrimental to the surrounding existing uses and the planned uses of the CBD zone. G. 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 Desert Fashion Plaza site, as the project is proposed and conditioned, is adequate to accommodate the proposed temporary pavilion theatre, given the parking supply and operations as conditioned, setbacks for the high-rise structure, and the surrounding street trees which buffer the site. d. 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 Desert Fashion Plaza site and surrounding roadways are designed to provide adequate access for the proposed use. Project conditions provide for special traffic control when Palm Canyon Drive is closed to vehicular traffic during VillageFest and to also direct traffic northbound and eastbound in order to minimize traffic impacts to the surrounding residential neighborhood. e. The conditions to be imposed on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modifications of the zone's property development standards. Conditions have been provided in Exhibit A of this resolution that protect the health, safety and general welfare with regard to the proposed temporary pavilion theatre. City Council Staff Report October 19, 2005 -- Page 14 Case 5.1073 CUP— Palm Springs Pavilion Theatre ADOPTED THIS day of October, 2005. David H. Ready, City Manager ATTEST: ,lames Thompson, City Clerk City Council Staff Report October 19, 2005 -- Page 15 Case 5.1073 CUP— Palm Springs Pavilion Theatre 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 by the following vote: AYES: NOES: .ABSENT: ,ABSTAIN: James Thompson, City Clerk City of Palm Springs, California City Council Staff Report October 19, 2005 -- Page 16 Case 5.1073 CUP—Palm Springs Pavilion Theatre EXHIBIT A CASE 5.1073 CUP 123 North Palm Canyon Drive October 19, 2005 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 and Zoning, 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 5.1073 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. City Council Staff Report October 19, 2005 -- Page 17 Case 5.1073 CUP—Palm Springs Pavilion Theatre 3. Conditional Use Permit 5.1073 shall be valid for a period of three (3) years from the issuance of the certificate of occupancy. Time extensions may be granted by the Planning Commission upon demonstration of good cause. The proposed development of Conditional Use Permit 5.1073 is as shown and approved by the City Council as Attachment 2 to the staff report dated October 19, 2005. 4. That the property owner(s) and successors and assignees in interest shall maintain and repair the project site improvements including and without limitation sidewalks, bikeways, 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. 5. 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. 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 feeing being 1/2% for commercial projects or 1/4% for residential projects 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 and Zoning 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 Mitigated Negative Declaration (MND) are incorporated into these conditions of approval. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is City Council Staff Report October 19, 2005 -- Page 18 Case 5.1073 CUP— Palm Springs Pavilion Theatre supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Project Operations 9. The required 333 off-street parking spaces shall be provided on-site in the Desert Fashion Plaza parking lot/structure. '10. The area directly south of the box office shall not allow any parking and shall be kept clear for a theater patron gathering place. Any affected handicapped parking spaces shall be relocated in accordance with ADA standards. '11. The Desert Fashion Plaza parking entries and exits on Palm Canyon Drive, Tahquitz Canyon Way, and Museum Drive shall be kept open to serve the parking and vehicular access demands of the Palm Springs Pavilion Theatre. 12. Tickets for performances at the Palm Springs Pavilion Theatre shall include parking information to direct patrons to the Desert Fashion Plaza parking facilities using Palm Canyon Drive, Tahquitz Canyon Way, or Museum Drive and on Thursday nights, direct patron traffic to Alejo Road and Belardo Road in order to avoid local residential streets. 13. If the parking for the proposed pavilion theatre is not free, but is park for a fee, the fee shall be collected on vehicles exiting the parking lot to avoid vehicle stacking on public streets. No fee shall be collected on entry to the Desert Fashion Plaza lot from 1-hour before a performance to 30-minutes after the performance. Fee collection booths should be sufficiently manned to avoid vehicle stacking, particularly on surrounding public streets. '14. The project shall comply with the Chapter 11.74 of the Palm Springs Municipal Code (Noise Ordinance) and Section 93.21.00 of the Palm Springs Zoning Code (Outdoor Lighting). The City may require testing of the project's compliance with the Noise and Outdoor Lighting Ordinances. If needed, the applicant shall reimburse the City for any costs associated with such testing and evaluation. GENERAL CONDITIONS/CODE REQUIREMENTS '15. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to certificate of occupancy. City Council Staff Report October 19, 2005 -- Page 19 Case 5.1073 CUP— Palm Springs Pavilion Theatre 17. All awnings shall be maintained and periodically cleaned. 18. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 19. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 20. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 21. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 22. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicapped 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". 23. 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. 24. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 25. 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. FIRE DEPARTMENT 1. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. i City Council Staff Report October 19, 2005 -- Page 20 Case 5.1073 CUP—Palm Springs Pavilion Theatre 2. 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 along the path of exit travel or near an exit door. 3. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 4. Exit Sign Lettering Requirements: Exit signs shall be 6" high with 3/4" stroke block letter on a contrasting background. 5. Group A Occupancy Exit Requirements: Exit doors serving Group A Occupancies shall not be provided with a latch or lock unless it is panic hardware. (1007.2.5 CFC) 6. A Occupancy Corridor Requirements - Floor-Level Exit Signs: Floor-Level Exit Signs are required. Signs shall be internally or externally illuminated, or self- luminous. The bottom of the sign shall not be less than 6" or more than 8" above floor level and shall indicate the path of exit travel. Sign locations to be determined by fire inspector. Photoluminescent signs are not acceptable. (1007.2.8 CFC) 7'. A Occupancy Corridor Requirements - Posting of Room Capacity: Any room having an occupant load of 50 or more where fixed seats are not installed, and which is used for assembly purposes, shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit from the room. Such sign shall be maintained legible by the owner or the owner's authorized agent and shall indicate the number of occupants permitted for each room use. (2501.16.1 CFC) 8. Floor/Wall/Ceiling Coverings: (Textile) floor, wall and/or ceiling coverings: (Textile) floor, wall and/or ceiling coverings shall meet the requirements of the 2001 CFC and 2001 CBC. Submit critical flux data, certificates and listings directly to the fire department for approval and file. 9. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. POLICE DEPARTMENT 1. The applicant shall provide private security before, during, and after the show. City Council Staff Report October 19, 2005 -- Page 21 Case 5.1073 CUP— Palm Springs Pavilion Theatre 2. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. (MUSEUM DRIVE 2. If bus loading and unloading, and temporary bus parking is allowed on Museum Drive, the applicant shall install appropriate traffic striping and signage meeting the approval of the City Engineer, delineating temporary bus parking spaces for bus loading and unloading along the east side of Museum Drive, adjacent to the subject property. The limits of the bus loading and unloading zone shall be determined by the City Engineer, and may be modified (lengthened or shortened) as necessary to meet the demand generated by the project. SANITARY SEWER 3. All sanitary facilities shall be connected to the public sewer system. GRADING 4. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. ;i. 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 City Council Staff Report October 19, 2005 -- Page 22 Case 5.1073 CUP— Palm Springs Pavilion Theatre 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 Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@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. 6. 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; and a copy of current Title Report. 7. 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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 8. 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. ON-SITE gi. It is recommended that bus loading and unloading for this project occur on the subject property, and not on adjacent City streets. Provisions should be made for bus parking within the existing parking lot to avoid disruption to traffic along Tahquitz Canyon Way and Museum Drive. The applicant should identify an appropriate location for bus parking on-site, and a routing plan for bus ingress and egress prior to and after performances occurring at the theatre. Existing overhead height limitation guides should be removed and replaced with appropriate height limitation warning and guide signs, acceptable to the City Engineer, to allow bus ingress and egress within the existing parking lot. Bus ingress and egress onto the project site should occur from the existing "exit only' driveway access on Museum Drive. City Council Staff Report October 19, 2005 -- Page 23 Case 5.1073 CUP—Palm Springs Pavilion Theatre 10. If on-site bus loading and unloading, and parking, is not possible on-site, it shall occur along the east side of Museum Drive immediately adjacent to the project site, in a location designated by the City Engineer. Bus parking on Museum Drive shall be prohibited, and bus loading and unloading shall be limited to a maximum of 10 minute intervals. The applicant shall ensure that after unloading passengers, bus parking occurs off-site at locations approved by the City Engineer or on private property with the property owner's approval. Bus parking on City streets during performances is prohibited, unless specifically approved by the City Engineer. A bus routing plan for loading and unloading of passengers from the theatre shall be submitted to the City Engineer for approval, with specific emphasis on bus routing during Thursday evening performances, to ensure adequate provisions are made to avoid disruptions to existing traffic control restrictions in place for VillageFest. GENERAL 11. All proposed utility lines shall be installed underground. '12. All existing utilities shall be shown on the grading plan. The existing and proposed service laterals shall be shown from the main line to the property line. 13. The original grading plan prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved grading plan shall be submitted to the City Engineer for approval prior to construction. TRAFFIC 14. The applicant shall furnish law enforcement or other personnel trained and certified to provide traffic control for diversion of traffic at the Tahquitz Canyon Way/Belardo Road intersection, and at the Tahquitz Canyon Way/Museum Drive intersection (subject to the approval by the City Engineer), following each evening performance ending on Thursday nights, as necessary to improve traffic circulation affected by street closures related to VillageFest and impacted by the volume of traffic leaving Thursday evening performances. Law enforcement personnel may be employed by law enforcement agencies other than the City of Palm Springs Police Department, provided the Palm Springs Police Chief (or his designee) reviews and approves of the use of the suggested law enforcement personnel. It shall be the applicant's responsibility to obtain law enforcement personnel for traffic control at the required intersections, and in the event law enforcement personnel are unavailable, the applicant shall advise the City Engineer in writing a minimum of 48 hours in advance, who shall advise the City Manager to determine whether the cancellation of the Thursday night City Council Staff Report October 19, 2005 -- Page 24 Case 5.1073 CUP— Palm Springs Pavilion Theatre performance is in the interest of the public's health, safety and welfare. The City Manager's determination shall be final, not subject to appeal. 115. In order to minimize traffic impacts to surrounding local residential streets, on all performance days, the applicant shall furnish directional traffic signs directing vehicles to exit either eastbound on Tahquitz Canyon Way or northbound on Museum Drive. Prior to certificate of occupancy, the applicant shall submit a plan showing proposed sign locations to the City Engineer for review and approval. 116. 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. HISTORIC TENNIS CLUB DISTRICT HOTEL ASSOCIATION "" )'y . .,.. s• 175 SOUTH CAHUILLA PALM SPRINGS, CA 92262 TEL (760)220-0707 t 3r;1 iA fli October 10, 2005 Cli t ir,., TO: The Palm Springs Planning Commission and City Council FROM: The Historic Tennis Club District Hotel Association RE: Cirque Project Agendized for October 19 We very much appreciated the Office of Neighborhood Involvement Meeting held on September 26 enabling Dick Taylor to promote his Cirque idea for the Fashion Plaza and providing ample opportrmity for meaningful input from the community. We are in support of this project provided that it will not negatively impact our neighborhood and the successful operation of our hotels. Specifically, the following issues are of concern to us: 1) TRAFFIC: Given the residential nature of our business we are concerned about Cirque traffic volume throughout our neighborhood. Ideally all Cirque traffic into the underground parking garage should be entering at the Hyatt entrance on Palm Canyon or be routed from Amado to Belardo along the O'Donnell Golf Club into the upper level of the garage while the surface parking could enter from Tahquitz. However, we would like to see a plan to promote those traffic patterns through either temporary blockage of Tennis Club neighborhood entrances, the use of hired traffic monitors, some sort of signage program or any other creative solution. This is still a remaining problem we would like to see solved. 2) PARKING: This is another unresolved problem. Given human nature and the experience of Village Fest nights, there is every possibility that many Cirque clients will want to use the streets of the easily accessible Temiis Club District to avoid the $5.00 parking fee. We do not feel it is fair to have our neighborhood turned into a parking facility for the Cirque since parking is already at a premium for our guests. This issue was heavily debated at the ONI meeting. One suggestion that was made is to include the parking fee in the ticket price which most likely would solve the problem. We would certainly endorse this suggestion although we are open to any other workable solution. 3) PRESERVATION OF EXISTING SURROUNDING LANDSCAPING: THE FICUS TREES ON THE CITY RIGHT OF WAY We understand that an earlier proposal to make the trees into topiaries has fortunately been dropped and that only minimal pruning is suggested to allow people to walk under the trees. It is very important to us that the solid green screen provided by the trees is maintained since it separates the commercial nature of the Fashion Plaza from the residential nature of our business. Also, we do not favor year round Christmas tree lighting in the trees. 4) LIGHTING: We were assured that the canopy lighting would only be turned on during the show and be turned off half an hour after the ending of each night show. This would satisfy us. 5) NOISE: We understand that 3 foot insulation is planned between the inner and outer layers of the tent structure which guarantees that no noise will be heard beyond the Fashion Plaza property line. If this indeed does suffice we have no problem, but we would like to see a contingency plan if it does not. Same years ago when Las Casualas outside entertainment area was first opened we had no opposition but unfortunately the resulting noise problem took several years to be solved. That may explain our sensitivity. We appreciate your good offices to make the Cirque experience a positive one for all concerned and avoid the kind of constant battling that went on a few years ago about the problems created by some of the entertainment venues on Palm Canyon. Thank you for your consideration. Sincerely, Frank Tysen President FT:jrn Palin Springs planning Commission and City Council re Cirque Project 10-10-05 2 NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS CASE 5.1073 CONDITIONAL USE PERMIT PALM SPRINGS PAVILION THEATRE 123 North Palm Canyon Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California will hold a public hearing on October 19, 2005, at 6:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. The purpose of this hearing is to consider an application by Dick Taylor Productions for a Conditional Use Permit to construct a 23,729 square foot pavilion tent, to be operated for a period of 3 years, located on a portion of the Desert Fashion Plaza shopping mall at 123 North Palm Canyon Drive, Zone C-B-D, Section 15. The 1,000-seat stadium-style theatre will connect to a 2400 square foot existing building to be used as the lobby area. The pavilion would be a pitched-roof structure 18 feet high at the north and south edges increasing to 50 feet at its peak. Freestanding truss lighting towers ranging from 30 to 42 feet in height are also proposed and would illuminate the roof and entrance area of the pavilion theatre. The theatre would host a 90- minute cirque-style production as well as concerts, musicals, and other presentations at 7:00 p.m. from Tuesday to Saturday and at 2:00 p.m. on Wednesdays, Saturdays, and Sundays. ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration of environmental impact was prepared for this project and is available for review at the City of Palm Springs Department of Planning Services counter, Monday to Friday, 8:00 a.m. to 3:00 p.m. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this matter are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the City Clerk's Department at (760) 323- 8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council of the City of Palm Springs by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Principal Planner (760) 323-8245. Si necesita ayuda con esta carta, portavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. J mes Thompson, City Clerk Department of Planning Services N b* Vicinity Map W+E bT S G G _ AMADQ RD LU J 07 G 0 z d U ==[TAM DREAS RD a G ce � O z d r' x —� TAHQUITZ DR IF-! l � Lei�end = J � OL � Site U m C3 500 Feet p d ARENAS RD tr O C7 J 7 r:=1 0 7 I CITY OF PALM SPRINGS CASE NO: 5.1073 CUP DESCRIPTION: Application to construct a temporary 23,729 sq.ft. pavilion APPLICANT: Dick Taylor Productions theatre, to be operated for a period of 3 years, at the southwest portion of the Desert Fashion Plaza located at 123 South Palm Canyon Drive, Zone CBD, Section 15. H0J r elf. 1 r,. y" 3, I C I PROOF OF PUBLICATION This is srQJFIYC.`g�l Prong Stamp (2015.5.C.C.P) No. 3802 NOTICE OF PUBLIC G CITY OF PALM SPRINGS flINGS CITY COUNCIL CASE 5.1073 CONDITIONAL USE PERMIT PALM SPRINGS PAVILION THEATRE 123 North Palm Canyon Drive NOTICE 15 HEREBY GIVEN that the City Council of the City of Palm Springs, California will hold a public heath on October 19, 2005, at 6:00 .m. STATE OF CALIFORNIA in Canyon�Way,Chamber atSpnngs, CAzoW6Zgah- County of Riverside The ppurpose of this hearing is to consider an so- fipplreation by Dick Taylor Productions for a Condi- banal Use Permit to construct a 23,729 square foot pavilion tent,to be operated for a period of 3 years, located on a portion of the Desert Fashion Plaza shopping mall at 123 North Palm Canyon -___ Drive, Zone C-1 Section 15. The 1,000-seat stadium-style theatre will connect to a 2400 g rare foot existing building to be used as the t,by area. The pavilion would be a i ched-roof I am a citizen of the United States and a resident of structure 18 feet high at the north and south edg- es increasing to 50 feet at its peak Freestanding the County aforesaid;I am over the age of eighteen truss lighting towers raying from 36 to 42 feet in , height are also proposed and would illuminate the years,and not a party to or interested In the root and entrance area or the pavilion theatre The theatre would host a 90-minute cirque-styls pro- above-entitled matter.I am the principal clerk of a duction as well as concerts, musicals, and other printer of the,DESERT SUN PUBLISIIING presentations at 7 00 p.m.from Tuesdays to Satur- day and at 2-00 p.m. an Wednesdays, aturdays, COMPANY a newspaper of general circulation, and Sundays. printed and published in the city of Palm Springs, County of Riverside,and which newspaper has beenV;,;„11"A=^°i" adjudged a newspaper of general circulation by the - Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case l J 4' Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller than non panel,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: October 8a1 I 2005 = - t1 . MII..... _____________________-------_------_-------------_------------- ENVIRONMENTAL DETERMINATION: Fl MRrgat- All in the year 20052 ed Negative Declaration at environmental impact Y was prepared for this project and is available for review at the City of Palm Springs Department of Planning Services counter, Monday to Friday, I certify(or declare)under penalty of perjury that the 8:00 a.m. to 3:00 P.M. foregoing is true and correct. REVIEW OF PROJECT INFORMATION:The staff repart and other supporting documents regarding this matter arc available for public review at Cdyy ". Hall between the hours of 8:00 a.m and'5:00 Dated al Palm S ngssCalifornia this-----8 ,----day p,m. Monday through rude ide Please contact the f •*. Cdy Clerk's Department at NO) 323-8204 if you { would like to schedule an appointment to review of---------&TO E, -------------------------2005 These documents /) ,COMMENT ON THIS APPLICATION: Response to this notice can made verbally at the Public Hearing stall inbe writing before the irl Council cil of --------- ___ /'\_-� ___"- ------------- -------------- ten comments can be made to the CM1y Council of - ---- ---- --- the City of Palm Springs by letter (far mail or /SlgnaLure �.� / hand delivery) to James Thompson, City Clerk 3200 E. Tahgwtz Canyon Way P.O. cox 2743 i ♦ Palm Springs, CA 92263 q Any challenge of the proposed project in court may be limited to raising only those issues raised FFFy lot{he public hearing described in this notice, or in written correspondence delivered to the City s.1 Clerk at, or prior, to the public hearing (Govern- ''^,t O from Code S action 65009(h)(2)). R"L An opportunity will be given at said hearing for all y interested persons to be heard.Questions regard- ing this case may be directed to Jing Yeo, Princi- pal Planner (760) 323-8245. Si necesda pyrite con esta earta,porfavor Ilame a Is Ciudad de elm Springs y p- e factor r con Nadine Fieger telefono (7601 323-D2'son,5. James Thomp City Clerk P _ .a , - 1 A L M So ° City ®f Palm Springs Office of the City Clerk * reaoRpTeo`9 ° 3200 E.Taliquitz Canyon Way - Palm Springs, California 92262 <'14® RO%V. Tel: (760) 323-8204 o Fax: (760) 322-8332 • Web: www.a.palm-springs.ca us F® AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an application by Dick Taylor Productions for a Conditional Use Permit to construct a 23,729 square foot pavilion tent, to be operated for a period of 3 years, located on a portion of the Desert Fashion Plaza shopping mall at 123 North Palm Canyon Drive, Zone C-B-D, Section 15, on October 19, 2005. A copy of said notice was mailed to each and every person set forth on the attached list on the 6th day of October, 2005, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. -Dated at Palm Springs, California, this 13th day of October, 2005. MES THOMPSON City Clerk /kdh H:\USERS\C-CLK\Hearing Notices\Affidavit-DickTaylor.doc Post Office Box 2743 • Palm Springs, California 22 7 3 9 63-2743 NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS CASE 5.1073 CONDITIONAL USE PERMIT PALM SPRINGS PAVILION THEATRE 123 North Palm Canyon Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California will hold a public hearing on October 19, 2006, at 6:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. The purpose of this hearing is to consider an application by Dick Taylor Productions for a Conditional Use Permit to construct a 23,729 square foot pavilion tent, to be operated for a period of 3 years, located on a portion of the Desert Fashion Plaza shopping mall at 123 North Palm Canyon Drive, Zone C-B-D, Section 15. The 1,000-seat stadium-style theatre will connect to a 2400 square foot existing building to be used as the lobby area- The pavilion would be a pitched-roof structure 18 feet high at the north and south edges increasing to 50 feet at Its peak. Freestanding truss lighting towers ranging from 30 to 42 feet in height are also proposed and would illuminate the roof and entrance area of the pavilion theatre. The theatre would host a 90- minute cirque-style production as well as concerts, musicals, and other presentations at 7:00 p.m. from Tuesday to Saturday and at 2:00 p.m. on Wednesdays, Saturdays, and Sundays- ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration of environmental impact was prepared for this project and is available for review at the City of Palm Springs Department of Planning Services counter, Monday to Friday, 8:00 a.m. to 3:00 p.m. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this matter are available for public review at City Hall between the hours of 8:00 a.m. and 5.00 p.m. Monday through Friday. Please contact the City Clerk's Department at (760) 323- 8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council of the City of Palm Springs by fetter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yee, Principal Planner (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y'puede hablar con Nadine Fieger telefono (760) 323-8245. ?mes Thompson, City Clerk `--, ��%�� cu/' -p�,a�t r`'��,�✓- fie- �, , l� ��s- 009 603 086 009 603 379 513 070 009 0 Donnell Golf Club 0 Donnell Golf Club City Of Palm Springs 301 N Belardo Rd 301 N Belardo Rd PO Box 2743 Palm Springs,CA 92262 Palm Springs,CA 92262 Palm Springs,CA 92263 513 070 010 513 091 002 513 091 003 City Of Palm.Springs Project 92 Community Redev Agcy Of Cty &Pal PO Box 2743 303 N Indian Canyon Dr 3200 E Talnquitz Canyon Way Palm Springs,CA 92263 Palm Springs,CA 92262 Palm Springs, CA 92262 513 091 004 513 091 005 513 091 008 Redevelopment Agency City Of Palm S White Brothers hnva Co Llc Scott&Lori Simmons PO Box 274.3 1445 N Sunrise Way#104 1111 E Tahquitz Canyon Way#121 Palm Springs,CA 92263 Palm Springs, CA 92262 Palm Springs,CA 92262 513 091 010 513 091 011 513091012 Roland Adass Judy Goldring Ferdinand Rose PO Box 5116 1454 E Gem Cir PO Box 1003 Pahn Springs,CA 92263 Palm Springs, CA 92262 Palm Springs, CA 92263 513 091 016 513 091 017 513 091 018 Ralph&Hazel Gaytan Betty Vogel White Brothers hrvs Cc Llc Gaytan 1745 W Orangewood Ave#201 1445 N Sunrise Way#104 850 Avenida Acapulco Orange, CA 92868 Palm Springs,CA 92262 San Clemente,CA 92672 513 091 020 513 092 003 513 092 004 Henry Frank Wessman Holdings Llc Henry&Flat Frank 550 N Cahuilla Rd 1555 S Palm Canyon Dr#G-10 550 N Cahuilla Rd Palm Sprigs,CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262 513 092 005 513 092 006 513 092 007 Bank Of Califomia&Frank Henry Tru Doyle Plaza Investment Inc Pay Liebling 808 E Highland Ave It 5 S Indian Ave 134 N Palm Canyon Dr Redlands,CA 92374 Palm Springs,CA 92262 Palm Springs,CA 92262 513 092 009 513 092 010 513 094 001 Wessman Holdings Llc Holdings Wessman Robert Brackey 1555 S Palm Canyon Dr#G-10 300 S Palm Canyon Dr 80 Arlington Ave E Palm Sprigs,CA 92264 Palrn Springs, CA 92262 Saint Pont,MN 55117 .513 094 002 513 094 003 513 094 004 Robert Brackcy Robert.Brackey Robert Brackey 80 Arlington Ave E 80 Arlington Ave E 80 Arlington Ave E Saint Paul, MN 55117 Saint Paul,MN 55117 Saint Paul,MN 55117 513 094 005 513 094 006 513 094 007 Robert Brackey Robert Brackey Robert Brackey 80 At Ave E 80 Arington Ave E 80 Arlington Ave E Saint Paul,MN 55117 Saint Pail,MN 55117 SaintPaul,MN 55117 J ` I 513 094 008 513 094 009 513 110 005 Robert Bracicey John&Joan Oliveri Paul&Pamela Schell 80 Arlington Ave E 2033 Flower Ct Patricia Fearey SaintPaul,MN 55117 Upland, CA 91784 530 W Tahquitz Canyon Way Palm Springs,CA 92262 513 I10 034 513 110 035 513 110 036 Palm Springs Desert Museum Inc Conrad-maiut Rose Mihata PO Box 2310 PO Box 3340 468 W Talquitz Canyon Way Palm Springs,CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92262 513 110 047 513 120 058 513 120 059 Paul Marut&Tracy Conrad Patin Springs Modern Homes V Palm Springs Modern Homes V PO Box 3340 74140 El Pasco#4 74140 El Pasco#4 Palm Springs,CA 92263 Palm Desert, CA 92260 Palm Desert, CA 92260 513 120 077 513 120 080 513 120 081 Palm Springs Modern Eomes V Palm Springs Modem Homes V Eric Wohlschlegel&Patricia Powers 74140 El Pasco#4 74140 El Pasco 44 611 Massachusetts Ave NE- Palm Desert,CA 92260 Palm Desert, CA 92260 Washington,DC 20002 513 120 098 513 141 001 513 141 004 Palm Springs Modern Homes V Paul Bruggemans &Michel Despras Wessman Holdings Llc 74140 El Pasco#4 385 W Tahquitz Canyon Way 1555 S Palm Canyon Dr#G-10 Palm Desert,CA 92260 Palm Springs,CA 92262 Palm Springs,CA 92264 513 141 005 513 141 0 H 513 141 013 Frank Tysen Wahoo-cal Llc Wessman Holdings Llc 175 S Cahuilla Rd 4109 NE 191h Ave#B 1555 S Palm Canyon Dr#G-10 Palm Springs, CA 92262 Portland,OR 97211 Palm Springs, CA 92264 513 141 016 513 141 017 513 141 018 Casa Cody B&B Country Iim Palm Springs Modena Homes V Palm Springs Modern Homes V 175 S Cahudla Rd . 74140 El Pasco##4 74140 El Pasco#4 Palm Sprigs,CA 92262 Palen Desert,CA 92260 Palm Desert, CA 92260 513 141 019 513 141 020 513 141 022 Palm Sprigs Modern Homes V Palm Springs Modem Homes V Palm Springs Modem Homes V 74140 El Pasco#4 74140 El Pasco#4 74140 E1 Pasco#4 Palm Desert,CA 92260 Palm Desert,CA 92260 Palm Desert, CA 92260 513 141 023 513 141 024 513 142 001 Palm Springs Modern Homes V Patio Springs Modern Homes V Mountain Resort Palm 74140 El Pasco 44 74140 El Pasco##4 11855 Sorrento ValleyRd#C Palm Desert,CA 92260 Palm Desert,CA 92260 San Diego,CA 92121 513 143 008 513 143 009 513 143 017 North First Street Properties North Fist Street Properties City Of Palm Springs 1122 Willow St 9200 1122 Willow St#200 3700 E Tahquitz Carryon Way San Jose,CA. 95125 San Jose,CA 95125 Pahn Springs, CA 92262 513 143 019 513 144 001 513 144 002 Plaza Mercado Llc John Wessman John Wessman 1555 S Palm Canyon Di PO Box 2743 PO Box 2743 Patin Springs,CA 92264 Palm Springs,CA 92263 Palm Springs, CA 92263 513 144 006 513 144 007 513 144 009 City Of Patin Springs City Of Palm Springs Plaza Investment Co PO Box 2743 PO Box 2743 115 S Indian Canyon Dr Palm Springs, CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92262 513 144 010 513 144 011 513 144 012 Community Redev Agency City Of Pal Wessman Holdings Llc Wessman Holdings Llc PO Box 2743 1555 S Palm Canyon Dr#G-10 1555 S Palm Canyon Dr#G-10 Palm Springs, CA 92263 Palm Springs,CA 92264 Palm Springs,CA 92264 513 144 013 513 560 002 513 560 004 Wessman Ioldings Llc ,John Wessman John Wessman 1555 S Patin Canyon Dr#G-10 300 S Palm Canyon Dr 300 S Palm Canyon Dr Palm Springs,CA 92264 Palm Springs, CA 92262 Palm Springs, CA 92262 513 560 005 513 560 007 513 560 008 P S I-I Holdings Inc John Wessman John Wessman 1314 S King St#662 300 S Palm Canyon Dr 300 S Palm Canyon Dr Honolulu, IIl 96814 Patin Springs, CA 92262 Palm Springs, CA 92262 513 560 009 513 570 010 John Wessman Hollyhills Dev Inc 300 S Patin Carryon Dr PO Box 1161 Palm Springs,CA 92262 Palm Springs, CA 92263 -JeiF4 Public Hearing Notice ''Case'5'.1073 CUP'- MS APRIL HILDNER MR TIM HOHMEIER Palm SS' "g' s'Pavilion Theatre (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) PCI Ca C eeting'-' 10 19 65 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 - PALM SPRINGS CA 92264 MS ROXANN FLOSS MR STEVEN PERRIN MS SHERYL HAMLIN (BEL DESIERTO NEIGHBORHOOD) (DEEPWELL RANCH) (HISTORIC TENNIS CLUB AREA) 930 CHIA ROAD 13341NVIERNO R\DRIVE 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR JOHN HANSEN MS MALLIKA ALBERT MS DIANE AHLSTROM (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) (MOVIE COLONY NEIGHBORHOOD) PO BOX 252 2241 NORTH LEONARD ROAD 475 VALMONTE SUR PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR KENT CHAMBERLIN MR BOB MAHLOWITZ MS PAULA AUBURN (TENNIS CLUB AREA) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA) 373 MONTE VISTA 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR PETE MORUZZI VISTA LAS PALMAS HOMEOWNERS MODCOM AND PALM SPRINGS MODERN COMMITTEE 755 WEST CRESCENT DRIVE HISTORIC SITE REP f PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE NO: 5.1073 CUP VERIFICATVON NOTICE I 1 1 PLANNING &ZONING DEPT MRS JOANNE BRUGGEMANS ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIEENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS 1 1 1 1 I; 1 INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 (See attached sheet) SPONSORS 1 1 Cingular Wireless Mr. Ron Carlson California Pizza Kitchen 123 N. Palm Canyon Dr., #115 Windermere Real Estate 123 N. Palm Canyon Drive Palm Springs, CA 92262 123 N. Palm Canyon Dr., #525 Palm Springs, CA 92262 Palm Springs, CA 92262 Realty Executives Prestige Properties Mrs. Miko Kishimizu Ms. Joey English 285 N. Palm Canyon Dr.,#545 Miko's Day Spa Joey English Productions Palm Springs, CA 92262 285 N. Palm Canyon Drive 100 Sunrise Way,#234 �r Palm Springs, CA 92262 Palm Springs, CA 92262 Ig as Ms. Pat Pagan Mirage Vanity for Men J Head to Toe Masage to Go 141 N. Palm Canyon Drive 123 N. Palm Canyon Drive 287 N. Palm Canyon Drive Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs Pavilion Theatre MR GUY LAWSON MR&MRS JOHN GOODRICH ONIPP 665 CAMINO NORTE 440 W. CHINO CANYON ROAD Interested Parties PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 09.26.05 MR&MRS KEITH MC CORMICK MR WILLIAM MAC DUFF MR RICH LAWS 787 DRY FALLS ROAD 1375 SUNNY DUNES ROAD 400 W.ARENAS,49 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92262 MS. DIANE COLGAN MS. MARTHA HIGGINS MR. NICHOLAS CROMWELL 541 S. CALLE AMIGOS 2795 VIA ESCUELA P.O. BOX 754 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263 MS. TONI RINGLEIN MS. JOAN MARTIN MS. PHYLLIS SILVER 1455 E. LUNAWAY 634 E. PALO VERDE AVENUE 360 N. PALM CANYON DRIVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 DR. JANICE LYLE MS. MARY PERRY MR GARY JOHNS PALM SPRINGS ART MUSEUM PALM SPRINGS ART MUSEUM 2428 S. SIERRA MADRE P.O. BOX 2310 P.O. BOX 2310 PALM SPRINGS, CA PALM SPRINGS, CA 92263 PALM SPRINGS, CA 92263 MR. BRYAN BURCH MS.JADE T. NELSON MS.JANICE KAMINSKY 170 N. PALM CANYON DRIVE,#B 1080 E.ALEJO ROAD 342 PABLO DRIVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 MR. FRANK TYSEN MS. LAURI AYLAIAN MR LEO J. FULLER 175 S. CAHUILLA ROAD 377 W. BARISTO ROAD 377 W. BARISTO PALM SPRINGS, CA PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 MS.JOY MEREDITH 264 N. PALM CANYON DRIVE PALM SPRINGS, CA 92262 Dick Taylor PSPT Project Sponsor Labels Dick Taylor Productions 170 North Palm Canyon Drive, Suite B Palm Springs, CA 92262 ROBERT W. RANG, INC. Timothy Sepper, P.E., S.E. Principal 1536 Easterly Terrace KPFF Structural Engineers Los Angeles, CA. 90026 2800 North Central Avenue, Suite 1010 Phoenix, AZ 85004-1008 Michael Erlanger APARIA DESIGN/Ventura County James A. Monlross, P.E.,CEM 2985 East Hillerest Avenue, Suite 215 Montross & Associates, A.P.C. Westlake Village, CA 91362 2081 Business Center Drive, Suite 218 Irvine, CA 92612 Robert Achlimbari John Sanborn ALL ACCESS SANBORN A/E, INC. 1320 Storm Parkway 1227 So. Gene Autry Trail Suite C Torrance, CA 90501 Palm Springs, CA 92264 Jing Yee, Principal Planner John Wessman City of Patin Springs Wessman Development Company 3200 E. Tahquitz Canyon Way 300 South Palm Canyon Drive Box 2743 Palm Springs, CA 92262 Palm Springs, California 92263-2743 City of Palm Springs Department of Planning Services 0 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 322-8360 MEMORANDUM Date: October 19, 2005 To: Mayor and City Council via City Manager Cc: City Clerk From: Director of Planning Service G� £lubject: Case 5.1073 CUP — Palm Springs Pavilion Theatre — Revised Conditions of Approval The Planning Commission reviewed the above project at their October 19, 2005 meeting and voted 7-0 to recommend approval of the project subject to revising Planning Conditions#3 and #4 as shown below. REVISED CONDITIONS OF APPROVAL Condition#3: Conditional Use Permit 5.1073 shall be valid for a period of three (3)years from the issuance of the certificate of occupancy. Time extensions may be granted by the Planning Commission upon demonstration of good cause. The proposed development of Conditional Use Permit 5.1073 is as shown and approved by the City Council as Attachment 2 to the staff report dated October 19, 2005. Within 60 days of the termination of the permit, all structures and improvements as shown on the approved plans, shall be removed from the site and the site shall be maintained in a first class condition in accordance with all applicable law, rules, ordinances, and regulations of all federal, state, and local bodies and agencies having jurisdiction. Condition #4: That the applicant and successors and assignees in interest shall maintain and repair the project improvements, including without limitation all structures, sidewalks, landscape, irrigation, lighting, signs walls and fences directly related to the proposed use, 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 applicant's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. Attachments: 1,. Legislative Draft of Conditions of Approval Page 1 EXHIBIT A CASE 5.1073 CUP 123 North Palm Canyon Drive October 19, 2005 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 and Zoning, 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 5.1073 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. Conditional Use Permit 5.1073 shall be valid for a period of three (3) years from the issuance of the certificate of occupancy. Time extensions may be granted by the Planning Commission upon demonstration of good cause. The proposed development of Conditional Use Permit 5.1073 is as shown and approved by the City Council as Attachment 2 to the staff report dated October 19, 2005. Within 60 days of the termination of the permit all structures and improvements as shown on the approved plans shall be removed from the site and the site shall be maintained in a first class condition in accordance with all applicable law, rules ordinances and regulations of all federal state and local bodies and agencies having jurisdiction 4. That the property-ewner(s) the applicant and successors and assignees in interest shall maintain and repair the project site improvements, including and without limitation all structures sidewalks, landscape, irrigation, lighting, signs, walls, and fences between +."� e rh and pFopeFty line, sidewalk er bike.".'."., easement n -areas that P.Xfe ia—orate-priwate-prepert� directly related to the proposed use 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 applicant's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 5. 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. 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 feeing being 1/2% for commercial projects or 1/4% for residential projects 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 and Zoning 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 Mitigated Negative Declaration (MND) are incorporated into these conditions of approval.