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HomeMy WebLinkAbout7/6/2005 - STAFF REPORTS (5) � � a * �tRORPiE� 9AV M Cq</FORN�P City Council Staff Report DATE: July 6, 2005 Public Hearing SUBJECT: CASE 5.1039 —AN APPEAL OF THE PLANNING COMMISSION DECISION ON MAY 11, 2005, FOR A CONDITIONAL USE PERMIT FOR THE ACCESSORY COMMERCIAL USE TO AN EXISTING HOTEL OF LESS THAN 100 ROOMS, SPECIFICALLY THE SALES OF ALCOHOL AT THE POOL BAR AND MINI- BARS IN THE ROOMS, 4 SPA ROOMS, AND INCIDENTAL RETAIL SALES OF APPROXIMATELY 24 SQUARE FEET IN THE LOBBY OF THE HORIZON HOTEL, LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 23. FROM:David H. Ready, City Manager BY: Department of Planning Services SUMMARY On May 26, 2005 an appeal of the Planning Commissions decision to approve the Conditional Use Permit for the Horizon Hotel was filed with the City Clerk and all applicable fees were paid. On May 11, 2005, the Planning Commission held a public hearing for Case 5,1039 and voted to approve the Conditional Use Permit. The surrounding properties are not concerned with the four spa rooms and retail in the lobby. The concern is the sales of alcohol and specifically the pool bar. The neighbors are concerned over the noise that could be generated from the pool bar. The surrounding properties have expressed concerns about the loss of privacy. The Planning Commission heard the concerns of the neighboring properties and made the following changes: 1. Changed the operating hours for the pool bar from Sunday through Thursday 8:00 A.M. to 10:00 P.M. and Friday — Saturday 8:00 A.M. to 2:00 A.M to Sunday through Saturday from 8:00 A.M. to 10:00 P.M; 2. The Conditional Use Permit will be valid for 12 months after the Certificate of Occupancy is issued. At 12 months, a new Conditional Use Permit can be applied for and a public hearing will be held. A neighborhood meeting was held at the City on April 1, 2005. At the meeting 1 neighbor attended. The applicant and the neighbor discussed the proposed alcohol sales, 4 spa rooms, and small retail area. The attendee was not concerned with the spa rooms or the retails sales. However the attendee did express concerns over the sales of alcohol and the potential noise associated with the sales of alcohol. The applicant agreed to control all activities of the pool bar, increase landscaping between the hotel and the neighbor, and follow the Noise Ordinance. While the attendee was not completely satisfied, the attendee did appreciate the applicants' willingness to provide compromises to any potential noise issues. Item No. 1 . D . City Council Staff Report July 6, 2005 -- Page 2 Case 5.1039 -CUP RECOMMENDATION: Adopt Resolution No. `A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLD THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE 5.1039 — CONDITIONAL USE PERMIT FOR THE ACCESSORY COMMERCIAL USE LOCATED WITHIN THE HOTEL AND IS LESS THAN 20% OF THE GROSS FLOOR AREA SUBJECT TO THE CONDITIONS STATED, TO SELL ALCOHOL AT THE POOL BAR AND IN MINI-BARS WITHIN THE GUEST ROOMS, SPA, AND INCIDENTAL RETAIL SALES IN THE LOBBY OF THE HOTEL, LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 23 STAFF ANALYSIS: The General Plan designation is H43/21 (High Density Residential). These areas are for hotel and high-density residential projects and commercial uses in conjunction with hotels. The hotel already exists and the accessory commercial uses of selling alcohol at the pool bar and in mini- bars within the guest rooms, 4 spa rooms, and incidental retail sales of approximately 24 square feet in the lobby are consistent with the General Plan. Therefore the proposed is consistent with the General Plan. The Zoning Ordinance designation is R-3 (Multiple-Family Residential and Hotel Zone). The intent of this Zone is for the development of high density apartments, hotels, and similar permanent and resort housing. The existing land use is a hotel; an allowed use in the R-3 Zone. The proposed project is for the accessory commercial uses located within the hotel. The accessory commercial uses are less than 20% of the gross floor area and the hotel has less than 100 rooms, therefore the proposed is consistent with the Zoning Ordinance. The proposed accessory commercial use located within the hotel is to sell alcohol to the guests of the hotel at the pool bar and in mini-bars within the guest rooms, 4 spa rooms, and a small retail area of approximately 24 square feet in the lobby. This accessory commercial use will utilize the existing entry to the hotel and the existing improvements. Therefore the accessory commercial use will have minimal impact to vehicular and pedestrian traffic. The 4 spa rooms and small retail area in the lobby will provide additional services to the guests of the hotel. The additional services are consistent with the General Plan goals of providing services to visitors and services to attract visitors to the City. The sales of alcohol will provide an additional service to the guests of the hotel, which in consistent with the goals of the General Plan to proved services to visitors and attract visitors to the City. The proposed accessory commercial use located within the hotel is proposing to sell alcohol at the pool bar and in mini-bars within the guest rooms. The sales of alcohol will require a Resolution of Convenience. As such, staff has included a Condition of Approval, that the accessory commercial use to sell alcohol is dependent upon the approval of a Resolution of Convenience or Necessity. Currently the City Council (City's Legislative body) has not delegated or assigned authority to approve a resolution of convenience or necessity. Staff is proposing that City Council delegate this authority to the Planning Commission and the issue of convenience or necessity be City Council Staff Report July 6, 2005 -- Page 3 Case 5.1039 -CUP addressed by the Planning Commission in its deliberations on whether to issue a conditional use permit for alcohol sales. Staff has included a finding of convenience in the Planning Commission Resolution approving the conditional use permit, should the City Council delegate its authority in the near term. The proposed accessory commercial use located within the hotel to sell alcohol at the pool bar and in mini-bars within the guest rooms, spa, and incidental retail sales is surrounded by other hotels, multiple-family residential, and single-family residential. The impact of the proposed would be minimal; the sales of alcohol, spa, and retail sales would be limited to the guests of the hotel. As such, staff has included a Condition of Approval that would limit the sales of alcohol to the pool bar and mini-bars and to the hotel guests and guest invitees only. The operating hours of the accessory commercial use for the sales of alcohol at the pool bar will be Sunday through Thursday 8:00 A.M. to 10:00 P.M. and Friday — Saturday 8:00 A.M. to 2:00 A.M. The hotel may occasionally have special events that may exceed the hours stated in the conditional use permit application, in which the applicant will provide details, days, and hours for the event in writing to the Director of Planning Services 30 days prior to the event for review and approval, as such staff has included a Condition of Approval. The mini-bars would be available every day, 24 hours a day. The 4 spa rooms and retail area will be Monday through Sunday from 8:00 A.M. to 8:00 P.M. If the hotel modifies its operations, a new CUP would be required; as such staff has included a Condition of Approval. The proposed project has been determined to be a project in accordance with the California Environmental Quality Act (CEQA). The application has been deemed complete (Section 15060), the project is not exempt (15061), an Initial Study was conducted (Section 15063), a proposed Negative Declaration was prepared (Section 15070), a Notice of Intent to Adopt a Negative Declaration was published and mailed out (Section 15072), Public Review (Section 15073), and Consideration and Adoption of a Negative Declaration (Section 15074) in accordance with the California Environmental Quality Act (CEQA). FISCAL IMPACT: No fiscal impact. Name and Title of Dept. Director David H. Ready, City Managerr� G'O J Attachments: City Council Vicinity Map City Council Draft Resolution City Council Draft Conditions of Approval Copy of Planning Commission Report City Council Staff Report July 6, 2005 -- Page 4 Case 5.1039- CUP Copy of Planning Commission Resolution Copy of Planning Commission Conditions of Approval Copy of Negative Declaration (For City Council packet only, copy for public available at the Planning Department) I;1 THE HORIZON HOTEL RECEIVED CITY QF PP.tLH SP ZIhIGS 2005 JUL. -5 PV1 2: 13 July 06, 2005 J., 1i 10 CITY CLEI'k City of Palm Springs 3200 E. Tahquitz Canyon Way PO Box 2743 Palm Springs CA 92264 Re: Appeal of Conditional Use Permit, The Horizon Hotel Dear Mr. Poagnet, We began nearly a year ago working to restore the former L'Horizon hotel's 1952 William Cody designed profiles. When the renovation is completed we envision a place where our guests can enjoy the tranquility of Palm Springs in a chic, sophisticated small hotel with amenities normally found only in larger resort style hotels. I am here tonight to speak to you regarding the appeal of our Conditional Use Permit granted May 1 It" by the planning commission. The Conditional Use permit would allow us to serve alcohol at our guest-only poolside bar and in room honor bars, to have 4 spa rooms and to sell retail items in our lobby. A type 70 ABC, Alcohol and Beverage Control, license is a restricted license specifically for hotels with fewer than 100 rooms and allows for the sale of alcohol only to guests of the hotel and their invitees. This License does not allow for the general sale of alcohol to the public, and as an added measure ABC does not allow the cash sale of alcoholic beverages; all alcohol purchases must be charged to the guest's room bill. Type 66 ABC License is for controlled access cabinets in the guest rooms. A limited number of one ounce bottles will be available for the guest's convenience in their rooms honor bar, similar to honor bars found in other upscale hotels. The plarming commission granted our Conditional Use Permit with the following conditions: restricted hours of operation, special events falling outside granted hours of operation would require a written request to the plarming director at least 30 days in advance; adherence to the general plan zoning ordinances; and a grant period of 12 months. Upon showing demonstration of good cause, we will be able to apply for an extension after 12 months, provided all conditions of approval are complied with. We are very pleased that the Plarming Commission granted us the 12 month Conditional Use Permit and the opportunities to not only tell our neighbors that we are going to be good neighbors, but to show them. 1050 EAST PALM CANYON DRIVE PALM SPRINGS CA 92264 [TEL]760 323.1858 [FAH]760 327 2933 We have worked very hard to save what we and many in Palm Springs consider to be an important part of Palm Springs history and an important architectural landmark. Throughout the entire process, concept to completion, we have worked closely with staff in the Planning Department, the Building Department and the Historic Site Preservation Board to meet all General Plan Zoning regulations, to add noise abating plant material to the landscape and to be sensitive to the hotels historic nature. I have also spoke with Dirk Voss, City of Palm Springs Code Supervisor to discuss acceptable noise levels set by the General Plan in our zone and how we will monitor noise levels with our own sound decibel meter. We have also engaged the services of Weiland Associates inc. in Laguna Hills, a company specializing in Acoustical Consulting to evaluate ambient noise levels at neighboring property lines and to assess the impact of activities at the hotel relative to Palm Springs City noise ordinances. We have invited our neighbors to two separate open houses at our hotel, one neighbor attended one of the open houses. Additionally Matthew Feske of the Plarming Department invited our neighbors to an open house at City Hall to discuss our plans for the hotel and our conditional use permit, one person from the neighborhood attended. I hope that you will uphold the Planning Commission's decision to give The Horizon Hotel a 12 month Conditional Use Permit. A Conditional Use Permit provides protection for the hotel, the neighborhood and the city. It is an added layer of protection for the neighborhood, if the hotel does not comply with the conditions set by the Planning Commission we loose both our Conditional Use Permit and our Alcohol and Beverage Control Licenses. The Planning Commissions decision was good for us all. Please give us the opportunity to show the neighborhood we will be good neighbors. If you have any questions or comments please feel free to contact me. Sincerely, Rich Campbell General Manager NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1039 APPEAL TO A CONDITIONAL USE PERMIT/ RESOLUTION OF CONVENIENCE HORIZON HOTEL 1050 EAST PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 6, 2005. The City Council meeting begins at 6:00 P.M. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider: an appeal by Joseph Schienholz of Ranch La Paz Condominium complex, of the approval of Case 5.1039, a conditional use permit for the sales of alcohol at a poolside bar and mini-bars within the guest rooms, spa, and retail sales in the lobby of the hotel for the convenience of hotel guests at 1050 East Palm Canyon Drive, Zone R-3, Section 23. The applicant has also applied for a Type 70 and 66 liquor license which allows for the sale of beer, wine, and distilled spirits for consumption on the premises to hotel guests and their invitees. The liquor license is a separate application processed by the Department of Alcoholic Beverage Control. Pursuant to CEQA, the City has prepared an Initial Study and a Negative Declaration. The Planning Commission adopted the Negative Declaration prepared for this project. Response to this notice may be made verbally at the public hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (mail or hand delivery) to: James Thompson, City Clerk 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Department of Planning Services, (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger (760) 323-8364. >r.• is J es Thompson, City Clerk City Council Staff Report July 6, 2005 -- Page 5 Case 5.1039- CUP p sq' N Department of Planning Services w E Vicinity Map s PAL I RD , F- a l l (DEEP WELL RD f III w sunITAN LN y i w w o N �Qcc; 0 x O O 0 S E PALM CANYON DR K O 4 I TWIN PALMS DR r APB HERD i CITY OF PALM SPRINGS CASE NO: 5.1039 CUP DESCRIPTION: An appeal to the approval for a conditional use permit for the sales of alcohol at a poolside bar and APPLICANT: Scharf Hospitality, mini-bars within the guest rooms, spa, and retail sales in the LLC lobby of the hotel for the convenience of hotel guests at 1050 East Palm Canyon Drive, Zone R-3, Section 23, 1 ec sin �. l 037 C C< /' ' v -A Nexus Residential Communities Dewey R Green Kim Vo 1 Macarthur P1300 1 901 E Deepwell Rd 1690 N Crescent Heights Bl"d Santa Ana Ca 92707-5942 Pahn Springs Ca 92264-8582 Los Angeles Ca 90069-1027 i 508-370-006 508-426-001 i508-426-002 l r Manuel W Cruz Silas M&Shirley Hathaway Margaret A Hill 1025 E Deepwell Rd PO Box 1842 1077 E Deepwell Rd Palm Springs Ca 92264-8517 Avalon Ca 90704-1842 Palm Springs Ca 92264-8517 508-426-003 508-426-004 508-426-005 Ricky L&Mary Cline Lee Easton Edward Weiss 1085 E Deepwell Rd 1115 E Deepwell Rd 1135 E Deepwell Rd Pahn Springs Ca 92264-8517 Pahn Springs Ca 92264-8529 Palm Springs Ca 92264-8529 508-426-006 508-426-007 508-426-008 l _ Nexus Residential Communities Nexus Residential Communities George R Foster I Macarthur PI 300 1 Macarthur P1300 1024 E Suntan Ln Santa Ana Ca 92707-5942 Santa Ana Ca 92707-5942 Palm Springs Ca 92264-8426 508-431-003 508-431-004 508-432-001 j Tr Rider Michael C Gold Jeffrey &Marla Baum 1036 E Suntan Ln 1040 E Suntan Ln 1058 E Suntan Ln Palm Springs Ca 92264-8426 Palm Springs Ca 92264-8426 Palm Springs Ca 92264-8426 508-432-002 508-432-003 508-432-004 r Clifford D Carte Sanford B &Mary Ziskind Suntan Llc 1056 E Suntan Ln 1043 E Srmtan Ln 2356 30Th Ave S Pahn Springs Ca 92264-8426 Pahn Springs Ca 92264-8426 Seattle Wa 98144-8426 508-432-008 508-432-009 508-432-010 George 7 Bagdon S D Kosslyn Ralph A Vogel 8 Ensenada Rd 1559 Concha Cir PO Box 4230 San Carlos Ca 94070-1824 Palm Springs Ca 92264-9505 Palm Springs Ca 92263-8426 508-432-011 508-432-018 508-432-020 Charles D Cantrell Stephen R Hasty Lucille E James 1075 E Suntan Ln PO Box 291039 PO Box 4874 Palm Springs Ca 92264-8426 Los Angeles Ca 90029-9039 Pahn Springs Ca 92263-4874 508-432-021 508-433-001 508-433-002 Theodore W Ulanski Michael Leventhal Eileen J Brooks 1150 E Palm Canyon Dr 3 1150 E Pahn Canyon Dr 4 1150 E Pahn Canyon Dr 5 Palm Springs Ca 92264-9143 Palm Springs Ca 92264-2969 Pahn Springs Ca 92264-9113 508-433-003 508-433-004 508-433-005 Lorraine A Webb Clyde V&Paulette Wright Mary E Dinond 1 t 50 E Palm Canyon Dr 6 1150 E Palm Canyon Dr 7 PO Box 3234 Palm Springs Ca 922 64-9 1 13 Palm Springs Ca 92264-9113 Crestline Ca 92325-3234 508-433-006 508-433-007 508-433,008 James T&Lynda Kimble Paul E&Roberta Russell Zieman 17952 Citron Ave 12600 W 129Th St 77637 Woodhaven Dr S Fontana Ca 92335-8101 Overland Park Ks 66213-3920 Pahn Desert Ca 92211-9115 508-433-009 508-433-010 508-433-011 Tr Scola John P Ilvento Michael J Salerno 8395 Denise Ln 1150 E Palm Canyon Dr 13 3495 Chestnut Dr Canoga Park Ca 91304-3204 Palm Springs Ca 92264-9172 1 Norco Ca 92860-1842 508-433-012 508-433-013 508-433-014 Paul W Rusche Ross D&Dorothy Stadnyk James M Worth 1150 E Palm Canyon Dr 15 1094 E Deepwell Rd 1150 E Palm Canyon Dr 17 Pahn Sprigs Ca 92264-9172 Palm Springs Ca 92264-8563 Palm Sprigs Ca 92264-9145 508-433-015 508-433-016 508-433-017 ( Harold S Schwartz Tr Sawyer Kathleen P Thurkins 1150 E Palm Canyon Dr 18 23211 Mindanao Cir 1150 E Palm Canyon Dr 30 Palm Sprigs Ca 92264-9145 Dana Point Ca 92629-3625 Pahn Sprigs Ca 92264-9145 508-433-018 508-433-019 508-433-020 t i Ellsworth J Bei Craig W Ellsworth John J Short It 50 E Palm Canyon Dr 21 355 S Madison Ave 119 1150 E Pahn Canyon Dr 23 Palm Sprigs Ca 92264-9114 Pasadena Ca 91101-3319 Palm Springs Ca 92264-9114 508-433-021 508-433-022 508-433-023 Eleanor T Beckerman Marcelle Ezerzer Myra Brickman 18354 Collins St E 11101 Mountcastle Dr 12296 Faraway Pointe Row Tarzana Ca 91356-2405 Studio City Ca 91604-3907 San Diego Ca 92128-3229 508-433-024 508-433-025 508-433-026 Richard PPell Bruce Jamison Tr Eicher 1150 E Palm Canyon Dr 27 14607 25Th Ave Sw 1150 E Palm Canyon Dr 29 Palm Springs Ca 92264-9104 Seattle Wa 98166-1620 Palm Springs Ca 92264-9115 508-433-027 508-433-028 508-433-029 i Thomas Henry Phillip Id Snyder Joseph D Davison 1150 E Pahn Canyon Dr 30 1150 E Pahn Canyon Dr 31 1150 E Pahn Canyon Dr 32 Palm Springs Ca 922 64-9 1 1 5 Palm Springs Ca 92264-9 1 1 5 Palm Springs Ca 92264-9115 508-433-030 509-433-031 508-433-032 Robert N&Audrey Rippetoe Ronald R&Badomna Retie James C Larm 71443 San Gorgonio Rd 9735 Babbitt Ave 1150 E Palm Canyon Dr 35 Rancho Mirage Ca 92270-3819 Northridge Ca 91325-1923 Pahn Springs Ca 92264-1222 508-433-033 508-433-034 508-433-035 Charles W Caldwell Philip R&Florence Howland Robin R Groat 211 E Pahn Canyon Dr 2760 Summit Dr 1150 E Palm Canyon Dr 38 Palm Springs Ca 92264-9173 Burlingame Ca 94010-6043 Pahn Springs Ca 92264-9173 508-433-036 508-433-037 508-433-038 Hugo J&Jan Dallas Michael T Wise Vernon E&M Stansell PO Box 596 PO Box 1953 8214 Rexall Ave Blue Jay Ca 92317-0596 Palm Springs Ca 92263-1953 Whittier Ca 90606-3102 508-433-039 508-433-040 508-433-041 l it iHoward L Rosner Kenneth F Giella Ruth Copher 8033 W Sunset Blvd 397 1108 E Casa Verde Way 1150 E Palm Canyon Dr 44 W Hollywood Ca 90046-2401 Palm Springs Ca 92262-3726 Palm Springs Ca 92264-9195 508-433-042 508-433-043 508-433-044 I Patrick J Brogan Robert J Morrison Thomas B&Gladys Russell 1150 E Palm Canyon Dr 45 1150 E Palm Canyon Dr 46 1150 E Palm Canyon Dr 47 Palm Springs Ca 92264-9195 Palm Springs Ca 92264-7702 Palm Springs Ca 92264-9141 508-433-045 508-433-046 508-433-047 Bela &Margaret Berci Paul K&Ellamay Judd Julio C Solano Out Of Country 1150 E Palm Canyon Dr 49 PO Box 8111 508-433-048 Palm Springs Ca 92264-9141 Palm Springs Ca 92263-9141 508-433-049 508-433-050 Suzanne Riggs Robert Cooper Ethel Lock 2405 N Janus Dr PO Box 4161 1150 E Palm Canyon Dr 53 Palm Springs Ca 92262-2524 Palm Springs Ca 92263-4161 Palm Springs Ca 92264-4402 508-433-051 508-433-052 508-433-053 Ananda Rutkoff Claudette A Hinrichs Joseph T Schienholz 1150 E Pahu Canyon Dr 54 1150 E Palm Canyon Dr 55 1150 E Palm Canyon Dr 56 Palm Springs Ca 92264-4402 Pahn Springs Ca 92264-9126 Palm Springs Ca 92264-9126 508-433-054 508-433-055 508-433-056 Charles T&Moneta Pettit Clarence R&Billie Devlin Janos Balog 20865 Dione Way 32 Newport Ky 601 Van Ness Ave 37 Bend Or 97701-8422 Bellevue Wa 98006-1038 San Francisco Ca 94102-3263 508-433-057 508-433-058 508-433-059 F T Karl Robert &Rochelle Schwartz Fienberg 1150 E Palm Canyon Dr 60 2133 Hillsbury Rd 8383 Wilshire Blvd 232 Palm Springs Ca 92264-9125 Westlake Village Ca 91361-3531 Beverly Hills Ca 90211-2402 508-433-060 508-433-061 508-433-062 Malci Agnic Claire Karsladt Bruce &Wendy Shaw 1150 E Palm Canyon Dr 63 1150 E Palm Canyon Dr 64 L150 E Palm Canyon Dr 65 Palm Springs Ca 92264-9144 Palm Springs Ca 92264-9144 Palm Springs Ca 92264-9144 508-433-063 508-433-064 508-433-065 Richard L Olson Frederick M Newby Elvira T Rathbun 1777 Sanchez St 1150 E Palm Canyon Dr 67 1150 E Palm Canyon Dr 68 San Francisco Ca 94131-2740 Palm Springs Ca 92264-9142 Palm Springs Ca 92264-9142 508-433-066 508-433-067 508-433-068 Dennis A Eng Carmelita Redwood Tom Kulurs 2800 N Lake Shore Dr 1150 E Palm Canyon Dr 70 453 E Via Escuela 524 Chicago I160657-9142 Palm Springs Ca 922621-9142 Palm Springs Ca 92262-9142 508-433-069 508-433-070 508-433-071 ; Dennis B Letvin i Betty L Howald i James W Mclindon 3023 Crowarview Dr 1775 E Palm Canyon Dr 10803 Lindbrook Dr j Rancho Palos Verdes 90275-2513 Palm Springs Ca 92264-1613 Los Angeles Ca 90024-3006 i508-433-072 508-433-073 508-433-074 Dorman &Catherine Metz Donald E&Mary Hart Richard A Carlson 1150 E Pahn Canyon Dr 75 1150 E Pahn Canyon Dr 76 911 Canino Viejo Palm Springs Ca 92264-9116 Palm Springs Ca 92264-9116 Santa Barbara Ca 93108-1919 508-433-075 508-433-076 508-433-077 j, j Robert B Kahnansohn Tr Woodfield-Sawyer 51242 Manitoba Ltd 852 S Robertson Blvd 23211 Mindanao Cir 160 Tuxedo Ave 602 Los Angeles Ca 90035-1601 Dana Point Ca 92629 Winnipeg Man Canada R3 508-433-078 508-433-079 508-433-080 i i Johnny &Julia Matliesen Wade T&Gloria Prater Richard A Carison j 1231 E Deerfield Ct 1693 N Euclid Ave 911 Camino Viejo Ontario Ca 91761-7042 Upland Ca 91784-2002 Santa Barbara Ca 93108-9472 508-433-081 508-433-082 508-433-083 Arthur &Yafa Platt Richard &Beatrice Pinsker 78437 Us Highway 111 Eileen J Brooks 450 N Crescent Heights Blvd La Quinta Ca 92253-2076 508-433-085 Los Angeles Ca 90048-2206 508-433-084 508-433-086 Richard D Sandberg Gary M Bazik Tonia &Jan Schaffer 1150 E Palm Canyon Dr 87 2011 Yale Ave E 6462 San Vicente Blvd Palm Springs Ca 92264-2306 Seattle Wa 98 1 02-3 5 1 5 Los Angeles Ca 90048-5338 508-433-087 508-433-088 508-433-089 Helen F Papararo Robert A Weinman Shirley &S Robin 1150 E Palm Canyon Dr 90 1150 E Palm Canyon Dr 91 407 Shirley P] Pahn Springs Ca 92264-9194 Palm Springs Ca 92264-9194 Beverly Hills Ca 90212-4177 508-433-090 508-433-091 508-433-092 Andrea Merkel Jory 1983 Leonard E Hickman 1150 E Palm Canyon Dr 93 1150 E Palm Canyon Dr 94 1729 E Palm Canyon Dr Palm Sprigs Ca 92264-1724 Palm Springs Ca 92264-9191 Pahn Springs Ca 92264-1603 508-433-093 508-433-094 508-433-095 C S Griesa Lee H&Ruth Beckstead Michael &Mercedes Groveman 1388 Rockledge Ln 2 1985 Beach Blvd 1111 E Pahn Canyon Dr103 Walnut Creek Ca 94595-2814 Pacifica Ca 94044-2510 Pahn Sprigs Ca 92264-9109 511-035-001 511-035-002 511-035-003 Peter L& Elaine Mclean Robert L Michler James B&Karlon Talbert 77 Mcgill St N PO Box 271 5511 Senford Ave Smiths Falls Canada K7 Los Angeles Ca 90078-6502 Los Angeles Ca 90056-1030 511-035-004 511-035-005 511-035-006 � I I Tr Lord Martin A Mazur I Jean P &Huguette Stadelmamt 48635 Calle Esperanza 115 Pasco Ballena 18940 Acacia St La Quinta Ca 92253-1727 Aptos Ca 95003-5614 Fountain Valley Ca 92708-6502 511-035-007 511-035-008 511-035-009 i I Joseph L&Ilana Arbusto Alfred P&Terri Di Giacinto Thomas J&Susan Diehl 12731 Mengibar Ave 1 25542 Evans Pointe 18940 Acacia St San Diego Ca 92129-3054 Dana Point Ca 92629-1238 Fountain Valley Ca 92708-6502 511-035-010 511-035-011 511-035-012 Ocotillo Lodge Homeowners Assn Scott P&Patricia Colantonio Sandor &Les Safar 1111 E Palm Canyon Dr 113 2139 Columbia Ave 20910 123Rd Ave Palm Springs Ca 92264-9109 Arco Nj 08004-1403 Maple Ridge Canada V2X4B 511-035-013 511-035-014 511-035-015 Paul S Giera Steven C Lopez Tr Rasalchoo 6581 Bishop Dr 5437 Oneida Ct 1917 Holmby Ave Huntington Beach Ca 92647-4372 Chino Ca 91710-3316 Los Angeles Ca 90025-7027 511-035-016 511-035-017 511-035-018 Gordon Myers Ed Rooney Carolyn B Steele 2608 2Nd Ave 121 1111 E Palm Canyon Dr 123 17 Villa Roma Seattle Wa 98121-32C2 Palm Springs Ca 92264-2429 Lake Elsinore Ca 92532-9109 511-035-019 511-035-020 511-035-021 Mark C Smith Richard J&Linda Rangel Robert H Gold 294 Commonwealth Ave 11517 Promenade Dr 179 Monterey Blvd i Boston Ma 02115-2429 Santa Fe Springs Ca 90670-3699 San Francisco Ca 94131-2814 511-035-022 511-035-023 511-035-024 I Robert & Gloria Rasimas Jack Foster Goodyear Honne Loancorp 620 Huntley Dr 1111 E Palm Canyon Dr 203 430 River Rd D West Hollywood Ca 90069-5007 Patin Springs Ca 92264-8187 Corona Ca 92880-1381 511-035-025 511-035-026 511-035-027 Michael Kofman Jan &Elisabeth Raat Marvin D &Barbara Morris 753 N Kings Rd 203 Faunaberg 50 Roosendaal 388 Mira Loma PI West Hollywood Ca 90069 The Ne Costa Mesa Ca 926274625 511-035-028 511-035-029 511-035-030 Aurel Tulcan Donna M Kuegel Janet N Allison 1111 E Pahn Canyon Dr 208 4338 Glencoe Ave 2 1000 Qvayside Ter Palm Springs Ca 92264-4306 Marina Del Rey Ca 90292-6467 Miami 17133138 511-035-031 511-035-032 511-035-033 Donald E &Wanda Malkemus Wallace &Ruth Hill Lamy C Tyner 20700 Saticoy St PO Box 3201 5132 Raleigh St Winnetka Ca 91306-2040 Pahn Springs Ca 92263-3201 Los Angeles Ca 90004-1609 511-035-034 511-035-035 511-035-036 Andree R.Kolling Stephen L&Jill Cotter Lawrence A&Anne Perlman 10965 Point Vashon Dr Sw 3909 Sierra Linda Dr PO Box 19084 Vashon Wa 98070-4216 Escondido Ca 92025-9109 Encino Ca 91416-9084 511-035-037 511-035-038 511-035-039 i I John D &Lilia Van Bebber Eric B &Ramona Herbert Fabian G&Karen Chavez 2723 Glenview Way 32 Aburdour Ct I I I I E Palm Canyon Dr 223 Escondido Ca 92025-7768 North Barrington Il 60010-6933 Palm Springs Ca 92264-9705 511-035-040 511-035-041 511-035-042 Kathleen Moeller Stacy L Kindelberger Elena Todorut 8098 Cuesta Dr 1021 N Howard St 32367 Dunlap Blvd Mountain View Ca 94040 Glendale Ca 91207-9705 Yucaipa Ca 92399 511-035-043 511-035-044 511-035-045 f Narciso Guerrero Jean P&Huguette Stadelmann Jerald C Rosenberg 1111 E Palm Canyon Dr 301 18940 Acacia St 1111 E Palm Canyon Dr 303 Palm Springs Ca 92264-9109 Fountain Valley Ca 92708-6502 Palm Springs Ca 92264-9109 511-035-046 511-035-047 511-035-048 Carolyn B Steele Paul &Nomna Krijger Larry &Arnie Perlman 17 Villa Roma 8613 Copper Mine Ave PO Box 19084 Lake Elsinore Ca92532-6502 Las Vegas Nv 89129-7629 Encino Ca 91416-9084 511-035-049 511-035-050 511-035-051 Robert &Joyce Leimveber Robert &Miriam Richards Wallace &Ruth Hill RR 2 1111 E Palm Canyon Dr 308 PO Box 3201 Balzac Alb Canada TOM OE Palm Springs Ca 92264-9109 Palm Springs Ca 92263-3201 511-035-052 511-035-053 511-035-054 Tr De La Ossa Michele T Lowe Kimberly S Orr 4307 125Th Street CtNw 18540 Soledad Canyon Rd 130 4709 E Mountain View Dr Gig Harbor Wa 98332-4589 Canyon Country Ca 91351-7806 San Diego Ca 92116-2252 511-035-055 511-035-056 511-035-057 Ocotillo Lodge Homeowners Assn Ocotillo Lodge Homeowners Assn Linda M Shuibi 1111 E Palm Canyon Dr 313 1111 E Pahn Canyon Dr 314 140 Linden Ave 661 Palm Springs Ca 92264-9109 Palm Springs Ca 92264-9109 Long Beach Ca 90802-4975 511-035-058 511-035-059 511-035-060 John C&Elizabeth Robertson Tr Mizrahi Victoria M Stein 3280 Plateau Blvd 216 5427 Coral Reef Ave PO Box 4266 Coquitlan Be Canada V3E3 La Jolla Ca 92037-2814 Palm Springs Ca 92263-9497 511-035-061 511-035-062 511-035-063 Eugene &Zofia Kuroczko Querida L Pearce Moreau Real&Moreau Linda 5723 Laurelwood PI 884 Atlanta Ct 108 Hidden Vale Cres Nw Concord Ca 94521-4806 Claremont Ca 91711-2515 Calgary Alb Canada 13A 5 511-035-064 511-035-065 511-035-066 jElbert A&Lena De Lay Church Robert H Leo G Rease 8201 S Santa Fe Dr 2 PO Box 90529 550 E Avenida Granada Littleton Co 80120-4310 Anchorage Ak 99509-0529 Palm Sprigs Ca 92264-4011 511-035-067 511-035-068 511-035-069 Robert Scott Jane S Paulson Gerald J&Tessa Gim PO Box 1232 7060 SW Montgomery Way 941 County 11 Nw Newport Beach Ca 92659-0232 1 Wilsonville Or 97070-6737 Hackensack Mn 56452-2223 511-035-070 511-035-071 511-035-072 James A&Linda Dalebroux Jean P&Hugeutte Stadehnamn Madeline T Khatclukian 18100 Beverly Hills Dr 18940 Acacia St 3407 Huxley St 30 Brookfield Wi 53045-3838 Fountain Valley Ca 92708-6502 Los Angeles Ca 90027-1495 511-035-073 511-035-074 511-035-075 Jerome C&Volume Foley Donald J Brodhag Paul R&Denise Walker 20 Fairway Loop 1619 Vista Del Valle Blvd 3306 Van Nostran Dr Eugene Or97401-2399 El Cajon Ca 92019-3427 Lakewood Ca 90712-1456 511-035-076 511-035-077 511-035-078 Carolyn Steele Beverly Watson RichardR Watson 17 Villa Roma 32 Aburdour Ct 32 Aburdour Ct Lake Elsinore Ca 92532-2954 North Barrington I160010-6933 North Barrington I160010-6933 511-035-079 511-035-080 511-035-081 Tr Ruthven Richard J&Reba Petraitns Gene O &Bomnie Jenkins 5303 Biudewald Rd 933 W Peregrine Dr PO Box 2006 Torrance Ca 90505-4316 Palatine Il 60067-7050 Roseburg Or 97470-0440 511-035-082 511-035-083 511-035-084 Kenneth W&Ruth Ekins Tr Chenar Martha T Marks 2391 Miramonte Cir F 23225 W Paloma Blanca Dr 17146 Blue Herou Dr Palm Springs Ca 92264-5728 Malibu Ca 90265-3075 Bend Or 97707-2306 511-035-085 511-035-086 511-035-087 Terry A&Michele Johnson Anita F Miller Freeda Gugino 2539 W 156T1r St PO Box 1396 1111 E Palm Canyon Dr 348 Gardena Ca 90249-4617 Big Bear Lake Ca 92315-1396 Pahn Springs Ca 92264-9109 511-035-088 511-035-089 511-035-090 Judith L Kahl Claude L&Annette Deschamps Eddie R Blake 1053 Fernview,St 293 Winer St PO Box 1445 El Cajon Ca 92020-3831 Ashland Or97520-1649 Big Bear Lake Ca 92315-1445 511-035-091 511-035-092 511-035-093 Mike &Joanne Doutltitt Jack Foster Judy N Bruno 1 20132 Drasur Dr 1111 E Palm Canyon Dr 353 j 26130 Narbonne Ave 114 Canyon Country Ca 91351-1014 Palm Springs Ca 92264-4947 Lomita Ca 90717-2931 511-035-094 511-035-095 511-035-096 Thomas W&Ruth Little Tr Mirzrahi I I Dwayne &Howard Lewis PO Box 1401 5427 Coral Reef Ave 1 6114 N Mississippi Ave Blue Jay Ca 92317-1401 La Jolla Ca 92037-0279 Portland Or 97217-1813 511-035-097 511-035-098 511-035-099 �r I Tr Tobias Gene &Joyce Cavanaugh Andrew &Matthew Klayman 2446 Mammoth Dr 122 Sherman Ave 7582 Mulholland Dr San Diego Ca 92123-3503 Palo Alto Ca 94306-1822 Los Angeles Ca 90046-1239 r 511-035-100 511-035-101 511-035-102 Richard R&Beverly Watson Howard &Shirley Sherman Eberhard &Anke Weiss 32 Abrudour Ct 1664 S Tiara Way 1337 Oregon Dr North Barrington I160010-6933 Anaheim Ca 92S02-2425 Concord Ca 94521-4639 511-035-103 511-035-104 511-035-105 i John R&Marjorie Bertsche Susan A Sherman Robert B Scott 4 S Westview Dr 5027 E Brookside Ave PO Box 1232 Pontiac It 61764-9659 Orange Ca 92867-3244 Newport Beach Ca 92659-0232 511-035-106 511-035-107 511-035-108 Carolyn B Steele Harven &Emik Gragosian Gregory P &Loretta Zinunernian I I I 1 E Palm Canyon Dr 367 532 Borchelt St 327 Sapphire Ave Palm Springs Ca 92264-9109 Glendale Ca 91203-1014 Newport Beach Ca 92662-1146 511-035-109 511-035-110 511-035-111 Michael &Mercedes Groveman Howard &Shirley Sherman Germaine Sayan I I I I E Palm Canyon Dr 370 1664 S Tiara Way 4754 Los Felrz Blvd Palm Springs Ca 92264-9109 Anaheim Ca 92802-2425 Los Angeles Ca 90027-1918 511-035-112 511-035-113 511-035-114 Brenda Colford Ti Marsh Robert H Cravey 38 Pearson St 273 12200 SE Virginia Ct 1321 Prestwick Rd 147F St Johns Nil Canada AIA3 Sandy Or 97055-7510 Seal Beach Ca 90740-9109 511-035-115 511-035-116 511-035-117 Jenny W Nestler Joann Jangard Joseph &Clara Groveman 3721 10I St Way Ne 1785 N Via Miraleste C1714 1111 E Palm Canyon Dr 380 Kirkland Wa 98033-7879 Palm Springs Ca 92262 Palm Springs Ca 92264-9109 511-035-118 511-035-119 511-035-120 Arthur E&Margaret Gould John L Coffey Kitty Kao 1521 S STli Ave 1111 E Palm Canyon Dr 382 1166 Kearny St Arcadia Ca 91006-4414 Pahn Springs Ca 92264-1004 San Francisco Ca 94133-4023 511-035-121 511-035-122 511-035-123 NEIGHBORHOOD COALITION MR BILL DAVIS CASE NO 5 16�9'�CUp r MR PETER DIXON MS TRISHA IS PLA9tlNI�JG'COMIy11SBI�IkTVIEETIN�- TENNIS CLUB AREA I TENNIS C B AREA 03;.09;iD; 431 SOUTH MONTE VISTA DRIVE 3375 F THILL ROAD,#821 PALM SPRINGS CA 92262 CA INTERIA, CA 93013 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN FLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS SHERYL HAMLIN HISTORIC TENNIS CLUB AREA 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS'l I I l-'I I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO. 5.1039 CUP PLANNING&ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE 1 '1 ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MR. RICH CAMPBELL MR. DAVE SCHARF THE HORIZON HOTEL THE HORIZON HOTEL SPONSORS 1 1 1 1050 EAST PALM CANYON DRIVE 1050 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 CASE NO, 5.1039 MR PETE MORUZZI H,'ISTORICSITE REP I, 11"l PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 SZT S£0 IIS LZI-9£0-11S 60I6-b9ZZ6 ED sBuudS ugud 0£0I-tWZ6 ED S�3undS cuMd IOI iQ uOXuED luIEd d I I I I L8£IO uOXUUD ugsd 9 I I T zado-I D UOAOIS aosiapnag si[IZgd 28`1 klt'D 9Zi-S£0-II5 SZI-5£0-119 bZi S£0 ITS 816I-LZO06 ED S0102cryso7 8£9I'£Ob06 ED EOIuOW EIUES 99Lb'£9ZZ6 ED s3ui*UIEd P^III zIIQrI SO l tSLV 9IS gL6 bb8 S9Lh XOR Od UEdES QulEuu0c) z.iElldd EugEg� uEJQIS JQmoS Z gEaogQQ City Council Staff Report July 6, 2005 -- Page 6 Case 5.1039 - CUP RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLD THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE 5.1039 — CONDITIONAL USE PERMIT FOR THE ACCESSORY COMMERCIAL USE LOCATED WITHIN THE HOTEL AND IS LESS THAN 20% OF THE GROSS FLOOR AREA SUBJECT TO THE CONDITIONS STATED, TO SELL ALCOHOL AT THE POOL BAR AND IN MINI-BARS WITHIN THE GUEST ROOMS, SPA, AND INCIDENTAL RETAIL SALES IN THE LOBBY OF THE HOTEL, LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 23 WHEREAS, the City Council has received a request for a public hearing to appeal the Planning Commission decision on May 11, 2005 to approve Case 5.1039, a Conditional Use permit for the accessory commercial use located within the hotel and is less than 20% of the gross floor area, to sell alcohol at the pool bar and in the mini-bars within the guest rooms, spa, and incidental retail sales in the lobby of the hotel; and WHEREAS, the Section 92.04.01 of the Zoning Ordinance requires that accessory commercial uses located within the hotel and less than 20% of the gross floor area obtain a Conditional Use Permit; and WHEREAS, the sales of alcohol at the pool bar and in mini-bars within the guest rooms, 4 spa rooms, and retail sales of 24 square feet in the lobby are accessory commercial uses located within the hotel and are less than 20% of the gross floor area; and WHEREAS, the sales of alcohol at the pool bar and in mini-bars within the guest rooms require a Resolution of Convenience or Necessity by the City Council; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report; and WHEREAS, all Conditions of Approval established at the time the use was established are to remain in full force and effect; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a licenses to sell alcohol; WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license numbers 66 — Controlled Access Cabinet Permit, and 70 — On- Sales General Restrictive Service; WHEREAS, the City Council is being asked to adopt a Resolution of Convenience pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for a Conditional Use Permit No. 5.1039 was circulated and published in accordance with applicable law; and City Council Staff Report July 6, 2005 -- Page 7 Case 5.1039-CUP WHEREAS, on May 11, 2005, a public hearing on the application for a Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the appeal to the Planning Commission approval of Case 5.1039, a Conditional Use Permit was circulated and published in accordance with applicable law; and WHEREAS, on July 6, 2005, a public hearing on the application for a Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS Section 1: Pursuant to CEQA, the City Council finds the Initial Study and Negative Declaration adequately addresses the general setting of the project, its potentially significant impacts, and the mitigation measures related to each significant effect for the proposed project. The City Council further finds that with the adoption of proposed Negative Declaration, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Section 92.04.01 of the Zoning Ordinance, accessory commercial uses are a use that is conditionally permitted in the R-3 zone, subject that the accessory commercial use is located within the hotel and less than 20% of the gross floor area. The pool bar and mini-bars are accessory commercial uses located within the hotel and less than 20% of the gross floor area. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use is desirable in that the proposed accessory commercial uses are located within the hotel and is less than 20% of the gross floor area of the hotel. The proposed will provide an additional service and incentive for visitors looking for a hotel to stay at, thus attracting visitors to the City. The proposed accessory commercial use located within the hotel is consistent with the objectives of the General Plan, and will not be detrimental to the existing or future permitted uses within the R-3 zone in which the proposed use is to be located. c. The site for the intended use is adequate in size and shape to accommodate said use, City Council Staff Report July 6, 2005 -- Page 8 Case 5.1039 - CUP including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is adequate in size and shape to accommodate the proposed accessory commercial uses. 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 project site is accessed by public streets, which are adequate to serve the hotel and other serves within which the site is located, No additional parking is required for the proposed accessory commercial uses. There will be minimal vehicular and pedestrian traffic generated by the accessory commercial use to sell alcohol at the pool bar and in the mini-bars within the guest rooms. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. All proposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to ensure the public health, safety and welfare. Section 3: The City Council finds the sales of alcohol is a convenience for the existing hotel, in that the sales of alcohol will provide an additional service to the guests and attract visitors to the City, which is consistent with the goals of the General Plan. ADOPTED THIS 6th day of July, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk City Council Staff Report July 6, 2005 -- Page 9 Case 5.1039 - CUP 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 July 6, 2005 -- Page 10 Case 5.1039- CUP EXHIBIT A CASE 5.11039 CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL SCHARF HOPITALITY LLC THE HORIZON HOTEL 1050 EAST PALM CANYON DRIVE JULY 6, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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 DEPARTMENT: 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. 1a. 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 5.1039 — Conditional Use Permit. 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 further indemnification hereunder, 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. 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the City Council Staff Report July 6, 2005 -- Page 11 Case 5.1039- CUP operation of the establishment; as determined by the Chief of Police or the Director of Planning and Zoning, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 94.02.00.1 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions that may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 3. Conditional Use Permit approval shall be valid for a period of 12 months after Certificate of Occupancy is issued. The Planning Commission, upon demonstration of good cause, may grant extensions of time of the CUP shall be valid provided all Conditions of Approval are complied with. 4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. 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 issuance of building permits. 6. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 7. This Conditional Use Permit is limited to Department of Alcohol Beverage Control license number 66 (Controlled Access Cabinet Permit) and license number 70 (On-Sale General Restrictive Service). 8. The applicant shall apply for a Resolution of Convenience and Necessity that determines that the establishment that wants to sell alcohol is both necessary and a convenience for the community. If the Resolution of Convenience and Necessity is not approved, this CUP application will not be valid. 9. The applicant shall be required to maintain the business plan and hours of operation, as stated on the Conditional Use Permit application. 10. The sales of alcohol shall be limited to the pool bar and in min-bars within the guest rooms. Any future modifications shall require a new Conditional Use Permit. 11. The operating hours for the sales of alcohol at the pool bar will be Monday through Sunday 8:00 A.M. to 10:00 P.M. Any future modifications to the hours of operation shall require a new Conditional Use Permit 12. The hotel occasionally will have special events that may require special event hours. The applicant will provide details, days, and hours for the event in writing to the Director of Planning Services 30 days prior to the event for review and approval. 13. The mini-bars would be available every day, 24 hours a day. 14. The 4 spa rooms and retail area will be Monday through Sunday from 8:00 A.M. to 8:00 P.M. Any future modifications to the hours of operation shall require a new Conditional Use Permit City Council Staff Report July 6, 2005 -- Page 12 Case 5.1039- CUP 15. The applicant shall be limited to a maximum of 4 spa rooms. Any future additional spa rooms will require a new Conditional Use Permit. 16. The retail sales in the lobby shall be limited to 24 square feet. Any future addition and/or modifications to the retail area will require a new Conditional Use Permit. 17. The City reserves the right to modify or restrict the business hours based upon documented operational circumstances. 18. The applicant/owner shall notify the Director of Planning Services in writing 30 days in advance of any changes in the operation of business. Any change to business plan or transference of this Conditional Use Permit upon change of ownership is subject to review and approval by the City. 19. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. BUILDING 20. The applicant shall obtain any and all building permits prior to construction FIRE: 21. The applicant shall comply with any and all Fire Department regulations and codes. ENGINEERING: 22. The applicant shall comply with any and all Engineering Department regulations and codes. City Council Staff Report July 6, 2005 -- Page 13 Case 5.1039- CUP DATE: MAY 11, 2005 TO: PLANNING COMMISSION FROM: DIRECTOR OF PLANNING SERVICES CASE 5.1039 - CUP - AN APPLICATION BY SCHARF HOSPITALITY, LLC FOR A CONDITIONAL USE PERMIT FOR THE ACCESSORY COMMERCIAL USE TO AN EXISTING HOTEL OF LESS THAN 100 ROOMS, SPECIFICALLY THE SALES OF ALOCOHOL AT THE POOL BAR AND MINI-BARS IN THE ROOMS, 4 SPA ROOMS, AND INCIDENTAL RETAIL SALES OF APPROXIMATELY 24 SQUARE FEET IN THE LOBBY OF THE HOTEL, LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 23. RECOMMENDATION: That the Planning Commission approve Case 5.1039 - Conditional Use Permit for the accessory commercial use for the existing hotel, specifically for alcohol sales at the pool bar and mini-bars within the guest rooms; pending the approval of a Resolution of Convenience or necessity that will be decided at a later date, 4 spa rooms, and incidental retail sales of approximately 24 square feet in the lobby located at 1050 East Palm Canyon Drive, subject to the conditions outlined in the attached Resolution and Conditions of Approval. BACKGROUND: Pursuant to Section 92.14.01.D.1 of the Zoning Ordinance, the applicant, Scharf Hospitality, LLC, has filed an application for a Conditional Use Permit to allow the accessory commercial use of alcohol sales at the pool bar and min-bars within the rooms of the hotel, 4 spa rooms, and incidental retail of approximately 24 square feet in the lobby. The zoning ordinance allows accessory commercial use for an existing hotel under 100 guest rooms through the conditional use permit. A neighborhood meeting was held at the City on April 1, 2005. At the meeting 1 neighbor attended. The applicant and the neighbor discussed the proposed alcohol sales, 4 spa rooms, and small retail area. The attendee was not concerned with the spa rooms or the retails sales. However the attendee did express concerns over the sales of alcohol and the potential noise associated with the sales of alcohol. The applicant agreed to control all activities of the pool bar, increase landscaping between the hotel and the neighbor, and follow the Noise Ordinance. While the attendee was not completely satisfied, the attendee did appreciate the applicants willingness to provide compromises to any potential noise issues. The applicant has applied for two (2) liquor licenses through Department of Alcoholic Beverage Control. The two (2) licenses are as follows: License _Number Type of License 66 Controlled Access Cabinet Permit 70 On-Sale General Restrictive Service City Council Staff Report July 6, 2005 -- Page 14 Case 5.1039- CUP *Source: Department of Alcoholic Beverage Control website ADJACENT LAND USES, GENERAL PLAN AND ZONING: General Plan Zoning Land Uses North H43/21, L4 R-3, R-2, R-1-C Hotel, Multiple-Family Residences, Single- Family Residences South H43/21 R-3 Hotel, Multiple-Family Residences East H43/21, RC R-3 Hotel, Multiple-Family Residences West H43/21 R-3 Multiple-Family Residences ANALYSIS: The General Plan designation is H43/21 (High Density Residential). These areas are for hotel and high-density residential projects and commercial uses in conjunction with hotels. The hotel already exists and the accessory commercial uses of selling alcohol at the pool bar and in mini- bars within the guest rooms, 4 spa rooms, and incidental retail sales of approximately 24 square feet in the lobby are consistent with the General Plan. Therefore the proposed is consistent with the General Plan. The Zoning Ordinance designation is R-3 (Multiple-Family Residential and Hotel Zone). The intent of this Zone is for the development of high density apartments, hotels, and similar permanent and resort housing. The existing land use is a hotel; an allowed use in the R-3 Zone. The proposed project is for the accessory commercial uses located within the hotel. The accessory commercial uses are less than 20% of the gross floor area and the hotel has less than 100 rooms, therefore the proposed is consistent with the Zoning Ordinance. The proposed accessory commercial use located within the hotel is to sell alcohol to the guests of the hotel at the pool bar and in mini-bars within the guest rooms, 4 spa rooms, and a small retail area of approximately 24 square feet in the lobby. This accessory commercial use will utilize the existing entry to the hotel and the existing improvements. Therefore the accessory commercial use will have minimal impact to vehicular and pedestrian traffic. The 4 spa rooms and small retail area in the lobby will provide additional services to the guests of the hotel. The additional services are consistent with the General Plan goals of providing services to visitors and services to attract visitors to the City. The sales of alcohol will provide an additional service to the guests of the hotel, which in consistent with the goals of the General Plan to proved services to visitors and attract visitors to the City. The proposed accessory commercial use located within the hotel is proposing to sell alcohol at the pool bar and in mini-bars within the guest rooms. The sales of alcohol will require a Resolution of Convenience. As such, staff has included a Condition of Approval, that the accessory commercial use to sell alcohol is dependent upon the approval of a Resolution of Convenience or Necessity. City Council Staff Report July 6, 2005 -- Page 15 Case 5.1039- CUP Currently the City Council (City's Legislative body) has not delegated or assigned authority to approve a resolution of convenience or necessity. Staff is proposing that City Council delegate this authority to the Planning Commission and the issue of convenience or necessity be addressed by the Planning Commission in its deliberations on whether to issue a conditional use permit for alcohol sales. Staff has included a finding of convenience in the Planning Commission Resolution approving the conditional use permit, should the City Council delegate its authority in the near term. The proposed accessory commercial use located within the hotel to sell alcohol at the pool bar and in mini-bars within the guest rooms, spa, and incidental retail sales is surrounded by other hotels, multiple-family residential, and single-family residential. The impact of the proposed would be minimal, the sales of alcohol, spa, and retail sales would be limited to the guests of the hotel. As such, staff has included a Condition of Approval that would limit the sales of alcohol to the pool bar and mini-bars and to the hotel guests and guest invitees only. The operating hours of the accessory commercial use for the sales of alcohol at the pool bar will be Sunday through Thursday 8:00 A.M. to 10:00 P.M. and Friday— Saturday 8:00 A.M. to 2:00 A.M. The hotel may occasionally have special events that may exceed the hours stated in the conditional use permit application, in which the applicant will provide details, days, and hours for the event in writing to the Director of Planning Services 30 days prior to the event for review and approval, as such staff has included a Condition of Approval. The mini-bars would be available every day, 24 hours a day. The 4 spa rooms and retail area will be Monday through Sunday from 8:00 A.M. to 8:00 P.M. If the hotel modifies its operations, a new CUP would be required; as such staff has included a Condition of Approval. ENVIRONMENTAL ANALYSIS The proposed project has been determined to be a project in accordance with the California Environmental Quality Act (CEQA). The application has been deemed complete (Section 15060), the project is not exempt (15061), an Initial Study was conducted (Section 15063), a proposed Negative Declaration was prepared (Section 15070), a Notice of Intent to Adopt a Negative Declaration was published and mailed out (Section 15072), Public Review (Section 15073), and Consideration and Adoption of a Negative Declaration (Section 15074) in accordance with the California Environmental Quality Act (CEQA). NOTIFICATION Notice of Availability and Notice of Intent to Adopt a Negative Declaration was published in the Desert Sun newspaper. Notice of Availability and Notice of Intent to Adopt a Negative Declaration was mailed out to all interested parties (see Exhibit B). As of the writing of this report, staff has not received any correspondence. ATTACHMENTS: City Council Staff Report July 6, 2005 -- Page 16 Case 5.1039- CUP 1. Vicinity Map 2. Resolution 3. Draft Conditions of Approval (Exhibit A) 4. Copy of Initial Study 5. Copy of Negative Declaration 6. Copy of Notice of Availability 7. Copy of Notice of Intent to Adopt a Negative Declaration City Council Staff Report July G, 2005 -- Page 17 Case 5.1039 -CUP N n Department of Planning Services w+E <i Vicinity Map s � PALOMINO RDI JW `❑ _ O j ( DEEP WELL RE) r SUNTAN LN 1 L JJ ❑ X.. � F LL E PALM CANYON DR CY °d IMF-' TWIN PALMS DR / Q I r CITY OF PALM SPRINGS CASE NO: 5.1039 CUP DESCRIPTION: An appeal to the approval for a conditional use permit for the sales of alcohol at a poolside bar and APPLICANT: Scharf Hospitality, mini-bars within the guest rooms, spa, and retail sales in LLC the lobby of the hotel for the convenience of hotel guests at 1050 East Palm Canyon Drive, Zone R-3, Section 23. July 6, 2005 -- Page 18 Case 5.1039- CUP RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVES CASE NO 5.1039 — CONDITIONAL USE PERMIT TO ALLOW THE ACCESSORY COMMERCIAL USE LOCATED WITHIN THE HOTEL AND IS LESS THAN 20% OF THE GROSS FLOOR AREA, SUBJECT TO THE CONDITIONS STATED, TO SELL ALCOHOL AT THE POOL BAR AND IN MINI-BARS WITHIN THE GUEST ROOMS, SPA, AND INCIDENTAL REATIL SALES IN THE LOBBY OF THE HOTEL. LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 23. WHEREAS, the Planning Commission has received a request by Scharf Property LTD, for a Conditional Use permit for the accessory commercial use located within the hotel and is less than 20% of the gross floor area, to sell alcohol at the pool bar and in the mini-bars within the guest rooms, spa, and incidental retail sales in the lobby of the hotel; and WHEREAS, the Section 92.04.01 of the Zoning Ordinance requires that accessory commercial uses located within the hotel and less than 20% of the gross floor area obtain a Conditional Use Permit; and WHEREAS, the sales of alcohol at the pool bar and in mini-bars within the guest rooms, 4 spa rooms, and retail sales of 24 square feet in the lobby are accessory commercial uses located within the hotel and are less than 20% of the gross floor area; and WHEREAS, the sales of alcohol at the pool bar and in mini-bars within the guest rooms require a Resolution of Convenience or Necessity by the City Council; and WHEREAS, the Planning Commission is being asked to adopt a Resolution of Convenience pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report; and WHEREAS, all Conditions of Approval established at the time the use was established are to remain in full force and effect; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a licenses to sell alcohol; WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for a Conditional Use Permit No. 5.1039 was circulated and published in accordance with applicable law; and City Council Staff Report July 6, 2005 -- Page 19 Case 5.1039 -CUP WHEREAS, on May 11, 2005, a public hearing on the application for a Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows The Initial Study and Negative Declaration adequately addresses the general setting of the project,its potentially significant impacts,and the mitigation measures related to each significant effect for the proposed project. The Planning Commission further finds that with the adoption of proposed Negative Declaration, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds that: f. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Section 92.04.01 of the Zoning Ordinance, accessory commercial uses are a use that is conditionally permitted in the R-3 zone, subject that the accessory commercial use is located within the hotel and less than 20% of the gross floor area. The pool bar and mini-bars are accessory commercial uses located within the hotel and less than 20% of the gross floor area. g. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use is desirable in that the proposed accessory commercial uses are located within the hotel and is less than 20% of the gross floor area of the hotel. The proposed will provide an additional service and incentive for visitors looking for a hotel to stay at, thus attracting visitors to the City. The proposed accessory commercial use located within the hotel is consistent with the objectives of the General Plan, and will not be detrimental to the existing or future permitted uses within the R-3 zone in which the proposed use is to be located. h. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. City Council Staff Report July 6, 2005 -- Page 20 Case 5.1039 - CUP The project site is adequate in size and shape to accommodate the proposed accessory commercial uses. i. 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 project site is accessed by public streets, which are adequate to serve the hotel and other serves within which the site is located. No additional parking is required for the proposed accessory commercial uses. There will be minimal vehicular and pedestrian traffic generated by the accessory commercial use to sell alcohol at the pool bar and in the mini-bars within the guest rooms. j. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. All proposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to ensure the public health, safety and welfare. Section 3: The Planning Commission finds the sales of alcohol is a convenience for the existing hotel, in that the sales of alcohol will provide an additional service to the guests and attract visitors to the City, which is consistent with the goals of the General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.1039 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy, unless otherwise specified. ADOPTED this 11th day of May 2005. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Chairman of the Planning Commission Secretary of the Planning Commission City Council Staff Report July 6, 2005 -- Page 21 Case 5.1039- CUP EXHIBIT A CASE 5.1039 Conditional Use Permit CONDITIONS OF APPROVAL Scharf Hopitality, LLC THE HORIZON HOTEL 1050 EAST PALM CANYON DRIVE May 11, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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 DEPARTMENT: 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. 1a. 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 5.1039 — Conditional Use Permit. 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 further indemnification hereunder, 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. 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the City Council Staff Report July 6, 2005 -- Page 22 Case 5.1039- CUP operation of the establishment; as determined by the Chief of Police or the Director of Planning and Zoning, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 94.02.00.1 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions that may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 23. Conditional Use Permit approval shall be valid for a period of 12 months after Certificate of Occupancy is issued. The Planning Commission, upon demonstration of good cause, may grant extensions of time of the CUP shall be valid provided all Conditions of Approval are complied with. 24. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 25. 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 issuance of building permits. 26. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 27. This Conditional Use Permit is limited to Department of Alcohol Beverage Control license number 66 (Controlled Access Cabinet Permit) and license number 70 (On-Sale General Restrictive Service). 28. The applicant shall apply for a Resolution of Convenience and Necessity that determines that the establishment that wants to sell alcohol is both necessary and a convenience for the community. If the Resolution of Convenience and Necessity is not approved, this CUP application will not be valid. 29. The applicant shall be required to maintain the business plan and hours of operation, as stated on the Conditional Use Permit application. 30. The sales of alcohol shall be limited to the pool bar and in min-bars within the guest rooms. Any future modifications shall require a new Conditional Use Permit. 31. The operating hours for the sales of alcohol at the pool bar will be Monday through Sunday 8:00 A.M. to 10:00 P.M. Any future modifications to the hours of operation shall require a new Conditional Use Permit 32. The hotel occasionally will have special events that may require special event hours. The applicant will provide details, days, and hours for the event in writing to the Director of Planning Services 30 days prior to the event for review and approval. 33. The mini-bars would be available every day, 24 hours a day. 34. The 4 spa rooms and retail area will be Monday through Sunday from 8:00 A.M. to 8:00 P.M. Any future modifications to the hours of operation shall require a new Conditional Use Permit 35. The applicant shall be limited to a maximum of 4 spa rooms. Any future additional spa rooms will require a new Conditional Use Permit. 36. The retail sales in the lobby shall be limited to 24 square feet. Any future addition and/or modifications to the retail area will require a new Conditional Use Permit. 37. The City reserves the right to modify or restrict the business hours based upon documented operational circumstances. City Council Staff Report July 6, 2005 -- Page 24 Case 5.1039 -CUP 38, The applicant/owner shall notify the Director of Planning Services in writing 30 days in advance of any changes in the operation of business. Any change to business plan or transference of this Conditional Use Permit upon change of ownership is subject to review and approval by the City. 39. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. BUILDING 40. The applicant shall obtain any and all building permits prior to construction. City Council Staff Report July 6, 2005 -- Page 25 Case 5.1039- CUP INITIAL STUDY 1. Project title: The Horizon Hotel— Conditional Use Permit 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: Gary Wayne, Director of Planning Services (760)323-8245 4. Project location: 1050 East Palm Canyon Drive 5. Project sponsor's name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 6. General plan designation: H43/21; Proposed General Plan Designation: H43/21 7. Zoning: R-3; Proposed Zoning: R-3 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project site consists of an existing four room hotel that is currently being remodeled. The interior of the lobby is being remodeled for small retail items. The proposed Conditional Use Permit (CUP) is the sales of alcohol, four spa rooms, and incidental retail sales in the lobby. A Conditional Use Permit is required for any accessory commercial use to the primary use. The primary use is as a hotel and the accessory uses will be the pool bar(100 sq. ft.), in room mini-bars, spa, and retail sales; therefore a Conditional Use Permit is required. All accessory commercial uses are for the enhanced experience for guests of the hotel only. The operating hours will be Monday— Sunday from 11:00 A.M. to 2:00 A.M. for the pool, bar, spa and retail area. 9. Surrounding land uses and setting: North: Existing Multiple-Family Residential; H43/21 and L4 South: Existing Hotel; H43/21 and RC and L4 East: Existing Single-Family Residences; H43/21 West: Existing commercial and vacant land; H43/21 and L4 10.Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) City Council Staff Report July 6, 2005 -- Page 27 Case 5.1039 - CUP 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 HydrologyMater ❑ Materials ❑ Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance City Council Staff Report July 6, 2005 -- Page 28 Case 5.1039- CUP DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® I 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 2) 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. Signature Date City Council Staff Report July 6, 2005 -- Page 29 Case 5.1039-CUP EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation 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 EIR 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 EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR 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 which 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. 8) This is only a suggested form, and lead agencies are free to use different formats; City Council Staff Report July 6, 2005 -- Page 30 Case 5.1039- CUP however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format 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 significance City Council Staff Report July 6, 2005 -- Page 31 Case 5.1039- CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d 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 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-d) No Impact. The proposed project is located in an isolated area at the base of the Santa Rosa Mountains. The site and surrounding area are generally flat and occurs at an elevation of approximately 350 feet above mean sea level. Land surrounding the property is fully developed. The proposed conditional use permit does not propose any new construction and proposes the accessory commercial use within the existing hotel. Therefore, no impacts to scenic resources would occur. Further, construction of the project would not obstruct or disrupt views of a scenic vista. July6, 2005 - Page 32 Case 5.1039 -CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d 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) No IMPACT. NO IMPACT TO FARMLAND WOULD OCCUR. b) No Impact. No Williamson Act Contracts are located on the parcel comprising the project site. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site (Williamson Act Contracts) of the Palm Springs General Plan EIR (Palm Springs, 1992). Therefore, no impacts to Williamson Act Contracts would occur. c) No Impact. The proposed project site is located in an urban area. Parcels adjacent to the site are designated Multiple-Family Residential, Hotel, Single-Family Residential, and Commercial. Implementation of the proposed project would therefore not result in conversion of farmland to non-agricultural uses. There will be no impact to agricultural land. JulyU, LUUS - Page :i6 Case 5.1039-CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d 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-d) No Impact. The project is within the jurisdiction of the South County Air Quality Management District (SCAQMD). The SCQAMD Governing Board adopted the 2003 Air Quality Management Plan (AQMP) on August 1, 2003. The 2003 AQMP updates the attainment demonstration for federal standards for ozone and PM10; replaces the 1997 attainment demonstration for the federal carbon monoxide (CO) standard and provides a basis for a maintenance plan for CO for the future; and updates the maintenance plan for the federal nitrogen dioxide (NO2) standard that the South Coast Air Basin has met since 1992. The revision of the AQMP points to the urgent need of additional emissions reductions (beyond those incorporated in the 1997/99 Plan)from all sources, specifically those under the jurisdiction of the California Air Resources Board and the US EPA which account for approximately 80 percent of the ozone precursor emissions in the Basin (www.aqrnd.gov/aqmp/). The proposed project is sales of alcohol, spa rooms and incidental retail sales in the lobby, in the City of Palm Springs. The main air pollutants generated in association with the proposed project would be traffic-related. Operational emissions from the project would be within established thresholds and construction emissions exceeding daily thresholds would be mitigated through implementation of measures from the South Coast Air Quality Management District CEQA Handbook(refer to discussion under item b, below). Therefore, the project is not anticipated to conflict with or obstruct implementation of 2003 AQMP. There will be no impact. City Council Staff Report July 6, 2005 -- Page 34 Case 5.1039 -CUP The Federal and California State Ambient Air Quality Standards for important pollutants are summarized in Table 1 and described in detail below. Tablet Federal and State Ambient Air Quality Standards Pollutant AVERAGING TIME Federal Primary Standard State Standard Ozone(oa) 1-Hour 0 12 ppm 0.09 PPM 8-HOUR 0.08 ppm -- Carbon Monoxide(CO) 8-Hour 9.0 ppm 9.0 ppm 1-Hour 35.0 ppm 20.0 ppm Nitrogen Oxide(NOx) Annual 0.05 ppm -- I-Hour -- 0.25 ppm Annual 0 03 ppm -- Sulfur Dioxide(S02) 24-Hour 0 14 ppm 0.05 ppm 1-Hour -- 0 5 ppm Annual 5o pg/m' 30 pg/m' PMio 24-Hour 150 pg/m' 50 pg/m' Annual 15 pg/m3 -- PM z.s 24-Hour 65 pg/m3 -- 30-Day Avg. -- 1.5 pg/m' Lead Month Avg 1.5 pg/m' Source California Air Resources Board, 'Ambient Air Quality Standards,"January 25, 1999. ppm=parts per million pg/m3=Micrograms per Cubic Meter Ozone(03)is the most prevalent of a class of photochemical oxidants formed in the urban atmosphere. The creation of ozone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine. Unlike other pollutants, ozone is not released directly into the atmosphere from any sources. The major sources of oxides of nitrogen and reactive hydrocarbons,known as ozone precursors,are combustion sources such as factories and automobiles,and evaporation of solvents and fuels.The health effects of ozone are eye irritation and damage to lung tissues. Carbon Monoxide(CO) is a colorless,odorless, toxic gas formed by incomplete combustion of fossil fuels. CO concentrations are generally higher in the winter,when meteorological conditions favor the build-up of directly emitted contaminants. CO health warning and emergency episodes occur almost entirely during the winter. The most significant source of carbon monoxide is gasoline powered automobiles,as a result of inefficient fuel usage in internal combustion engines. Various industrial processes also emit carbon monoxide. Nitrogen Oxides(NOx) the primary receptors of ultraviolet light initiating the photochemical reactions to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contributors to other air pollution problems including:high levels of fine particulate matter, poor visibility and acid deposition. Sulfur Dioxide(SO2)results from the combustion of high sulfur content fuels. Fuel combustion is the major source of S02, while chemical plants,sulfur recovery plants,and metal processing are minor contributors.Sulfates result from a relation of sulfur dioxide and oxygen in the presence of sunlight. S02 levels are generally higher in the winter than in the summer (when sunlight is plentiful and sulfate is more readily formed). Particulate Matter(PM10 and PM2.5) consists of particles in the atmosphere as a by-product of fuel combustion, through abrasion such as tire wear,and through soil erosion by wind. Particulates can also be formed through photochemical reactions in the atmosphere. PM10 refers to finely divided solids or liquids such as soot,dust and aerosols which are 10 microns or less in diameter and can enter the lungs. Fine particles are those less than 2.5 micrometers in diameter and are also referred to as PM2.5. Lead is found in old paints and coatings,plumbing and a variety of other materials. Once in the blood stream,lead can cause damage to the brain,nervous system,and other body systems. Children are most susceptible to the effects oflead. The South County Air Basin and riverside County portion of the Salton Sea Air Basin are in attainment for the federal and State standards for lead. The SCQAMD has established significance thresholds for operational and construction-related emissions. Daily and quarterly thresholds are established. Since a project's quarterly emissions are determined by City Council Staff Report July 6, 2005 -- Page 35 Case 5.1039 -CUP averaging over a 3-month period (including only actual working days), it is possible to not exceed the quarterly thresholds while exceeding the daily thresholds shown in Table 2. TABLE 2 EMISSIONS SIGNIFICANCE THRESHOLD CRITERIA(POUNDS/DAY) Pollutant CO ROG NOx SOz PM10 Operational Emissions Pounds/Day 550 55 55 150 150 Construction Emissions Pounds/Day 550 75 100 150 150 Source: SCQAMD, CEQA Air Quality Handbook, November 1993 Projects in the Coachella Valley with peak (highest daily) operation-related emissions that exceed any of these emissions thresholds should be considered significant. City Council Staff Report July 6, 2005 -- Page 36 Case 5.1039- CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d 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 regulations, ❑ ❑ ❑ ❑ or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have 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 ❑ ❑ ❑ M established native resident or 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 preservation policy or ordinance? City Council Staff Report July 6, 2005 -- Page 37 Case 5.1039- CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d Impact No Impact 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-f) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Biological resources. City Council Staff Report July 6, 2005 -- Page 38 Case 5.1039 -CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d Impact No Impact V. 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 paleontological resource or site or ❑ ❑ ❑ ❑ unique geological feature? d) Disturb any human remains, including those interred outside of formal ❑ ❑ ❑ FA cemeteries? a-d) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Historical or Cultural Resources. City Council Staff Report July 6, 2005 -- Page 39 Case 5.1039 -CUP Less Than Significant with Potentially Mitigation Less Than Significant Incorporate Significant Impact d 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? ❑ ❑ ❑ 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 collapse? d) 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 disposal systems ❑ ❑ ❑ where sewers are not available for the disposal of wastewater? City Council Staff Report July 6, 2005 -- Page 40 Case 5.1039 -CUP a-e) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Geological Resources. City Council Staff Report July 6, 2005 -- Page 41 Case 5.1039 - CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine ❑ ❑ Eltransport, 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 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 ❑ El ❑ 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? City Council Staff Report July 6, 2005 -- Page 42 Case 5.1039- CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d Impact No Impact h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where El Z wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-h) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Hazards and Hazardous Materials. City Council Staff Report July 6, 2005 -- Page 43 Case 5.1039 -CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significan Impact d t Impact No Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or ❑ ❑ ❑ waste 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 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 stormwater drainage systems or ❑ ❑ ❑ ❑ provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ ❑ ❑ quality? City Council Staff Report July 6, 2005 -- Page 44 Case 5.1039 - CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significan Impact d t Impact No Impact g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures 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-j) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Hydrology and Water Quality. City Council Staff Report July 6, 2005 -- Page 45 Case 5.1039 - CUP Less Than Significant Less Potentially with Than Significant Mitigation Significa Impact Incorporated nt Impact No Impact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established ❑ El ❑ 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 plan or natural community ❑ ❑ ❑ ❑X conservation plan? a-c) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Land Use and Planning. City Council Staff Report July 6, 2005 -- Page 46 Case 5.1039 - CUP Less Than Significant With Less Potentially Mitigation Than Significant Incorporate Significan Impact d t Impact No 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 El ❑ ❑ delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Mineral Resources. City Council Staff Report July 6, 2005 -- Page 47 Case 5.1039 -CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d Impact No 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 El El Elvicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the El El ❑ 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 ❑ El Elpeople residing or working in the project area to excessive noise levels? A-C,E,F) No IMPACT POTENTIAL SOURCES OF NOISE FOR THE PROJECT INCLUDE EXISTING USES ADJACENT TO THE PROJECT SITE. THEREFORE NO IMPACTS WOULD OCCUR FROM ADJACENT LAND USES. d) Less than Significant. Noise levels on the project site would increase in association with the proposed sale of alcohol at the pool bar. Noise generated would be typical of a hotel development and include noise between the hours of 11 a.m. and 2 a.m. for guests of the hotel only. While overall ambient noise levels would increase as a result of the project, noise increases would be less than if the public was allowed access. The proposed uses are not anticipated to exceed any City Council Staff Report July 6, 2005 -- Page 48 Case 5.1039 - CUP applicable noise standards. The applicant, as per the zoning regulations (Section 92.04.03.G, 1&2), provide at minimum a six foot sound wall as well as adequate vegetation to facilitate noise dampening. As an infill project adjacent to residential uses on the north and east, the proposed project would not expose neighboring uses to excessive levels. Therefore, this impact is considered less than significant. City Council Staff Report July 6, 2005 -- Page 49 Case 5.1039- CUP Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significan Impact d t Impact No Impact XII. 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 proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Population and Housing. City Council Staff Report July 6, 2005 -- Page 50 Case 5.1039 - CUP Less Than Significant Less Potentially with Than Significant Mitigation Significa Impact Incorporated nt Impact No 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? ❑ ❑ ❑ M e) Other public facilities? ❑ ❑ ❑ ❑ a-e) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Public Services. July6, 2005 - Page 51 Case 5.1039- CUP Less Than Significant Less Potentially With Than Significant Mitigation Significa Impact Incorporated nt Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such ❑ El ❑ ❑ 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 ❑ ❑ ❑ z might have an adverse physical effect on i the environment? a-b) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Recreation. City Council Staff Report July 6, 2005 -- Page 52 Case 5.1039- CUP Less Than Significant With Less Potentially Mitigation Than Significant Incorporate Significan Impact d t Impact No 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 location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or ❑ ❑ ❑ dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ ❑ access? f) Result in inadequate parking capacity? ❑ ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative ❑ El Eltransportation (e.g., bus turnouts, bicycle El racks)? a-g) No Impact. The proposed Conditional Use Permit does not propose any new construction. The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Traffic. City Council Staff Report July 6, 2005 -- Page 53 Case 5.1039 -CUP Less Than Significant Less Potentially With Than Significant Mitigation Significa Impact Incorporated nt Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional ❑ ❑ ❑ ❑ Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, ❑ ❑ ❑ ❑ the construction of which could cause significant environmental effects? c) 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? f) 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 regulations related to solid ❑ ❑ ❑ waste? a-g) No Impact. The proposed Conditional Use Permit does not propose any new construction, The CUP proposes the accessory commercial use within the existing hotel. There will be no impact to Utilities and Service systems. City Council Staff Report July 6, 2005 -- Page 54 Case 5.1039- CUP 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 ❑ ❑ ❑ 0 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 ❑ ❑ ❑ N considerable 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 El ❑ ❑ 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 would be constructed on areas that are not identified as sensitive. Prehistoric or historic cultural resources would not be adversely affected because no archeological or historic resources are known to exist in the project areas. Further, project implementation includes compliance with appropriate procedures for avoiding or preserving artifacts or human remains if they are discovered during project excavation. b) No Impact. The project would be consistent with the City's General Plan and would not create any significant impacts. All project impacts would be reduced by City Council Staff Report July 6, 2005 -- Page 55 Case 5.1039 -CUP adhering to basic regulatory requirements and/or conditions of approval incorporated into project design. C) NO IMPACT. THE PROPOSED PROJECT WOULD NOT HAVE ANY DIRECTOR INDIRECT ADVERSE IMPACTS ON HUMANS BECAUSE CONSTRUCTION EFFECTS WOULD BE TEMPORARY AND HAVE BEEN REDUCED OR ELIMINATED BY ENVIRONMENTAL CONTROL MEASURES INCORPORATED INTO THE PROJECT DESIGN. THEREFORE, THE PROPOSED PROJECT WOULD NOT HAVE ANY DIRECT OR INDIRECT ADVERSE IMPACTS ON HUMANS. 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. South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993 O� PALM 9 City of Palm Springs U q� v Office of the City Clerk q3 k>oapr¢o' 3200 Ta6gwa Canyon Way P¢Im Spnngs,C¢Lfomia 92262 IZO?, TEL (760)323-8204 •Too:(760)864-9527 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 appeal of the Planning Commission decision for a conditional use permit for the accessory commercial use to an existing hotel of less than 100 rooms, specifically the sales of alcohol at the pool bar and mini-bars in the rooms, 4 spa rooms, and incidental retail sales of approximately 24 square feet in the lobby of the Horizon Hotel, located at 1050 East Palm Canyon Drive, Zone R-3, Section 23, at 6:00 p.m., on Wednesday, July 6, 2005. A copy of said notice was mailed to each and every person set forth on the attached list on the 24th day of June, 2005, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (259 notices) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 29t' day of June, 2005. Lvr_ 1I iMitly� ESTHOMPSO Clerk /kdh H:\USERS\C-CLK\Agenda Preparation\07-06.05\Aff!davit of mailing notices Horizon Hotel.doc Post Office Box 2743 0 Palm Springs, California 92263-2743 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1039 APPEAL TO A CONDITIONAL USE PERMIT / RESOLUTION OF CONVENIENCE HORIZON HOTEL 1050 EAST PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 6, 2005. The City Council meeting begins at 6:00 P.M. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider: an appeal by Joseph Schienholz of Ranch La Paz Condominium complex, of the approval of Case 5.1039, a conditional use permit for the sales of alcohol at a poolside bar and mini-bars within the guest rooms, spa, and retail sales in the lobby of the hotel for the convenience of hotel guests at 1050 East Palm Canyon Drive, Zone R-3, Section 23. The applicant has also applied for a Type 70 and 66 liquor license which allows for the sale of beer, wine, and distilled spirits for consumption on the premises to hotel guests and their invitees. The liquor license is a separate application processed by the Department of Alcoholic Beverage Control. Pursuant to CEQA, the City has prepared an Initial Study and a Negative Declaration. The Planning Commission adopted the Negative Declaration prepared for this project. Response to this notice may be made verbally at the public hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (mail or hand delivery) to: James Thompson, City Clerk 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Department of Planning Services, (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede j hablar con Nadine Fieger (760) 323-8364. pp J es Thompson, City Clerk N Department of Planning Services W+E Vicinity Map S PALOMINO RDI uJ ` tr O �a DEEP WELL RD JC w SUNTAN LN < o > o o E PALM CANYON OR d O �d TWIN PALMS DR �C A zZ� ^ �ACHE CITY OF PALM SPRINGS CASE NO: 5.1039 CUP DESCRIPTION: An appeal to the approval for a conditional use permit for the sales of alcohol at a poolside bar and APPLICANT: Scharf Hospitality, mini-bars within the guest rooms, spa, and retail sales in the LLC lobby of the hotel for the convenience of hotel guests at 1050 East Palm Canyon Drive, Zone R-3, Section 23. rDrCTw 141_D l?F PAL Sr)IgI 265 JUL -- 1 17"M 1e: '411 PROOF OF PUBLICATION This is �e',n f "c'rrr;$,"li",I (2015.5.C.C.P) p (,r r L g stainP STATE OF CALIFORNIA County of Riverside No. 2653 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5A039 APPEAL TO A CONDITIONAL USE PERMIT/ RESOLUTION OF CONVENIENCE HORIZON HOTEL 1050 EAST PALM CANYON DRIVE I am a CItIZ¢n Of the United States and a resident Of NOTICE IS HEREBY GIVEN that the City Council the County aforesaid; I am over the age of eighteen of the City of Palm Springs, California, will hold a Years,and not a part to of interested in the public hearing at its gmeeting of Jul 6, 2005,The Y Council Chamber at City begins E.tTahqutz above-entitled matter.I am the principal clerk of a Canyon Way, Palm Springs. printer of the,DESERT SUN PUBLISHING The purpose of the hearing is to consider: an ap- COMPANY a newspaper of general circulation, peal by Joseph Schienholz of Ranch La Paz Con- printed and published in the City of Palm Springs, s 1039 a conditional usetpermitpforvthe°sales of County of Riverside,and which er news T has been alcohol at a poolside bar and mim-bars within the newspaper nest rooms, spa, and retail sales in the lobby of adjudged a newspaper of general circulation by the ,e hotel for the convenience of hotel!guests at 1050 East Palm Canyon Drive,Zone R-3, Section Superior Court of the County of Riverside,State of 23 The applicant has also applied for a Type 70 and 66 liquor license which allows for the sale of California under the date of March 24,1988.Case beer, wine, and distilled spirits for consumption Number 191236;that the notice,of which the on the premises to hotel guests and their invitees. The liqquor license is a separate application pro- anneXed Is a printed COPY(set in type not smaller cesaed by the Department of Alcoholic Beverage Control. than non pariel,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the fallowing dates,to wit: .,"°'°^'• ^ i June251h 2005 - ��--�` ---------------------------------------------------- ' Ii All in the year 2005i - I certify(or declare)under penalty of perjury that the 1 foregoing is true and correct. ' Dated at Palm Springs,California this---- n 28 '---day 'I r one ______________ ,2005 Pang turfy an for Negurvet Cityprepared_h p I Ot---f- --JU eels the Plan- r % t the Negative Declare- Lion -----------_-------_ r SI nature Response to this notice may be made verbally e the public hearing and/or in y he before the hearing. Written comments may 4e made to the city Council by letter (mail or hand delivery) to: James Thompson, City Clerk 3200 East T Canyon Way Palm Springs, CA 92262 If anyy individual or group challenges the action in Court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or Err- or to the meeting. Notice of Public Hearing Is be- { To sent to all property owners within four bun- . dyed(400)feet of the subject property.An oppor- tunny will be given at said hearinggs for all inter- , asted persons to be heard. Ones ions reggarding n this ease may be directed to Matthew Pesl<e, De- ii, t partment of Planning Services, (760) 323-6245 Si necesit,syrup can safe carts,porfavoi Ifame a Is Ciudad de Palm Springs y Puerto hablar can Nadine Fogel (760) 323-8364 James Thompson, City Clerk Pub:Dime 2 2005 ?ALM 'MEMORANDUM IFOt TO: Gary Wayne Interim Director of Planning Services FROM: \Kathie Hart, CIVIC Chief Deputy City Clerk DATE: May 24, 2005 SUBJECT: Case No. 5.1039 Horizon Hotel, 1050 East Palm Canyon Drive cc: Jay Thompson, City Clerk File Our office is in receipt of a letter of appealing action taken on May 11, 2005, by the Planning Commission on Case No. 5.1039, filed by Joseph Schienholz on May 19, 2005. A copy of his appeal letter is attached for your reference. Please note in accordance to Palm Springs Municipal Code Section 2.05.050, the appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such time limits. It should be noted Sunday, July 3, 2005, is the 45it' day from May 19, 2005. Please feel free to contact our office if there are any questions. /kdh Attachments: 1. Letter of Appeal 2. PSMC Section 2.05.050 IIIT f*.,S7 g[CE 777 II U tt'ry L i L 65 in A 15, f J ME� q iDF. 11 A 0i J 1 L Flo Lr CITY OF P ALI-1 SPRINGu Joseph Schienholz 1150 East Palm Cyn Drive # 56 2005 MAY 19 Fil 2: 27 Palm Springs CA 92264 JAPIES TIHOHIPSON 7603238999 CITY CLERK email milucal(i ,aol.com May 19, 2005 Dear Mr. Thompson I'm writing to appeal the action of the Planning Commission dated May 11, 2005 --- Horizon Hotel 1050 East Palm Cyn Drive Case # 5.1039. The Commission approved (with two negative votes) the application of Mr. David Scharf to have a pool bar and mini bars in the rooms along with a bar in 2400 square feet of retail space. This was an Accessory Commercial Use Application for the sale of alcohol. There were a number of residents that live in the surrounding area in attendance; they all voiced their objections/concerns. Nonetheless the Commission saw fit to approve the application by a vote of four to two. I respectfully request that the City Couuncil please review and reconsider this action of the Planning Commission. We feel that permitting alcohol to be served will have a negative impact on the residential atmosphere of our neighborhood. In addition we believe that it might have an adverse effect on property values in the Ranch La Paz Condo Complex along with our Deepwell neighbors. We have two petitions that were completed by the residents of Rancho La Paz one was turned in to the City Council back on February 16th (petition dated Jan 26, 2005) with approximately 50+ signatures. The second petition also dated Jan 26t' will accompany this letter. I know that the Planning Commission staff reviewed various aspects of this application from David Scharf but they did not review the first petition that was given to City Council back on February 16, 2005 I ask you once again to reconsider Commission's approval of March 11, 2005. Thank you. Sincerely', �Ar� Joseph eluenh z Petition # 2 TO: Horizon Hotel Management and other interested parties. FROM: Rancho La Paz Residents DATE: January 26, 2005 We the undersigned wish to express our opposition to the proposed P(rox)Il sn,i—, ';'Q!�1�, ?,ji;�]fi� ii; li';j,yf�Lijj'�.=`IS�;�?�7�11 �1r1�'�'.:1. This is not only a potential nuisance but a real nuisance to the residents of Rancho La Paz located at 1150 East Palm Cyn (next to Horizon Hotel). We want to preserve the residential nature of our condominium community. Print Name: Unit #: Signature: � � rr 26 � (ear A � { Lam. ����