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HomeMy WebLinkAbout2/16/2005 - STAFF REPORTS (12) �3 DATE: FEBRUARY 16, 2005 TO: CITY COUNCIL FROM: DIRECTOR OF PLANNING SERVICES REQUEST BY THE HORIZON HOTEL FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL WITHIN THE HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3. SECTION 24. RECOMMENDATION: That the City Council consider the adoption of a Resolution of Convenience and Necessity in order to sell alcohol at The Horizon Hotel located at 1050 East Palm Canyon Drive. A draft resolution is attached. SUMMARY: As per the Zoning Ordinance, Section 92.04.01 allows commercial uses as an accessory use for the hotel guests. The hotel proposes to sell alcohol in the hotel rooms and in the pool/cabana building in the center of the hotel property, this commercial uses is less than 20% of the gross floor area of the hotel. 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 Cabinets 70 General Sales— Restrictive Service *Source: Department of Alcoholic Beverage Control website The State Department of Alcoholic Beverage Control will not issue a license for such a sale unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience and necessity. BACKGROUND The subject property is in a commercial area. Abutting uses are as follows GP Zone —Description North H43/21 R-2 Multiple-Family Residential South RC R-3 Multiple-Family Residential East H43/21 R-3 Multiple-Family Residential West H43/21 R-3 Multiple-Family Residential In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995, "undue concentration" means the case in which the applicant premises for an original or premise-to-premise transfer of any retail license are located in an area where the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. The State Department of Alcoholic Beverage Control will not issue a license for the sale of alcohol at this location without a letter or resolution from the City Council or its designated subordinate officer or body, indicating the premises will provide for the public convenience and necessity. This business differs in use from the surrounding cocktail lounge and liquor stores as the primary land use is a hotel and alcohol sale is an incidental use, one that is in conjunction with the hotel. A finding of "Public Convenience and Necessity" means that the applicant premises will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area. Necessity implies that the premise is needed by the community. Currently the State Department of Alcoholic Beverage Control, pursuant to Section 23958.4 of the 1995 state law, considers the City of Palm Springs as over-concentrated relative to establishments that provide alcoholic beverages. State law was enacted to allow local government the opportunity to regulate the number and location of such uses. Currently along Palm Canyon Drive there are many hotels as a primary land use. Pursuant to Section 23598.4, the local governing body of the area in which the applicant premises are located determines within 90 days of notification of a completed application that public convenience or necessity would be served. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. The applicant submitted an application on January 19, 2005. The attached draft resolution approves the sale of alcohol. Directcp�' o Planning Services City Manager 9 ATTACHMENTS: 1. Letter of Request 2. Draft Resolution ` z o� FILM SAS City of Palm Springs 'c Department of Planning Services N 3200 E. Tahquitz Canyon Way " Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 322-8360 c'�4FORN\' MEMORANDUM Date: February 16, 2005 To: Mayor and City Council via City Manager cc: City Clerk From: Interim Director of Planning Services Subject: Case 5.0929 — Gene Autry Trail Widening Project supplemental materials Attached is a letter received February 15, 2005 from the U.S. Fish and Wildlife Service requesting that some information with respect to length of the bridge across the Whitewater River be changed in the staff report for the above project. Staff's position is that the information provided in the staff report is accurate and therefore, no changes to the report are being made. Attachments: Letter from U.S. Fish and Wildlife Service dated February 15, 2005 -- �,,r.J ;, .y Page 1 ' 02/1e/oe u6:12 MA 760 431 5901 US FISH AND WILDLIFL 4002 United States Department of the Interior FISH AND WILDLIFE SERVICE od Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad,California 92009 In Reply Refer To: FWS-ERIV-3284.4 FEB 15 2005 Ms. Jing Yeo Principal Planner Department of Strategic Planning City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 Re: Comments on Staff Report for the Widening of Gene Autry Trail between Vista Chino and the Approach to the Union Pacific Railroad Bridge in the City of Palm Springs, Riverside County, California Dear Ms.Yeo: This letter acknowledges the U.S.Fish and Wildlife Service's (Service)receipt on February 8, 2005,of your February 16, 2005, unsigned staff report for the Gene Autry Trail Widening between Vista Chino and the Union Pacific Railroad Bridge. We also appreciate the cooperative meeting we had with you and your staff on January 28, 2005. This letter is meant to clarify issues that were discussed at the January 28,2005,meeting and addressed in the February 16, 2005,staff report from the Interim Director of Planning Services and Director of Public Works to City Council. The Whitewater Floodplain Conservation Area is a regional reserve component of the conservation strategy for the proposed Coachella Valley Multi-Species Habitat Conservation Plan,dated October 15, 2004(MSHCP). The reserve design for this conservation area encompasses Indian Avenue and Gene Autry Trail in the City of Palm Springs. To function biologically over the long-term,wildlife connectivity and ecosystem processes(i.e.,fluvial and aeolian sand transport)need to be maintained across the conservation area. As predicated in the MSHCP,widening 2-lane roads to four or more lanes effectively eliminates wildlife connectivity for the reptiles and small mammals proposed for conservation coverage; as such the MSHCP requires that wildlife under-crossings be installed whenever such road-widening projects are installed within the proposed reserve system. Accordingly,the MSHCP (page 4-59)requires that the roadway be designed to maintain fluvial and aeolian sand transport,as well as wildlife connectivity,when Indian Avenue and Gene Autry Trail are widened to six lanes, or in the year 2038-39,whichever comes first. TAKE PRIOV AMI ERIG AI­4� FEB � �� 2005 uG/15/(in Utl:1L N'Ad '!tiU 431 59U1 US 1`'1SH AND W1LDL1P1i LO UU3 Ms. ling Yeo (FWS-ERN-3284.4) 2 The staff report discusses three separate projects for the Gene Autry Trail road widening within the City of Palm Springs. Combining these three projects will result in improvements to and widening of Gene Autry Trail from Interstate 10 south to Vista Chino. These three projects are considered interrelated under the programmatic biological opinion for five interchanges and associated arterial improvement projects along Interstate 10 (case number 1-6-04-F-3282.4, dated September 23,2004),issued to the Federal Highway Administration. At our January 28, 2005, meeting cited above,we expressed the need to install wildlife under-crossings (multiple box culverts under the roadway fill) at the south end of the railroad bridge widening project to minimize impacts from widening Gene Autry Trail from two to six lanes along this reach . The box culverts would be designed to allow aeolian sand transport and wildlife movement to connect with the portion of the conservation area east of Gene Autry Trail. Another topic of discussion at our January 28,2005, meeting involved sand transport and wildlife connectivity where Gene Autry Trail crosses the Whitewater River floodway. City staff mentioned the results of a 1997 bridge study that apparently identified the need for a 6,850-foot bridge span across the river, and we made rough calculations of the distance needed to bridge the Whitewater River floodway shown on the City's maps in the November 2004 MND. These rough calculations estimated that a 2,000 to 3,000-foot bridge span would be sufficient to cross the Whitewater River floodway, though this estimate did not factor in flooding and human safety issues,which may account for the longer span addressed in the 1997 report. Thus, it appears that the February 16,2005, staff report(page 5,numbered item 2)may have confused the bridge dimensions discussed at our meeting and those in the City's 1997 report. We,therefore,request that the 6,850-foot dimension cited in item 2 be changed to the 2,000 to 3,000-foot dimension discussed at our meeting because the larger figure would not be entirely needed for wildlife or sand transport purposes. We also discussed the planning difficulties posed by the various road-widening projects that divide Gene Autry Trail from Vista Chino to Interstate 10 into at least 3 project segments. Though widening the segment between Vista Chino and the approach to the Union Pacific Railroad Bridge is scheduled to be approved first,the best opportunities for providing wildlife connectivity to mitigate the habitat fragmentation effects of the proposed project would occur later under two separate projects—widening the Union Pacific Railroad Bridge,and bridging the Whitewater River by 2038-39. From a local perspective,the City's revised language in Mitigation Measure BIO-3 establishes a cooperative intent to resolve regional biological problems by worldng with affected interests on these related projects. From a Federal standpoint, this planning difficulty may be resolved through a February 2, 2005,request from the Federal Highway Administration to initiate formal consultation under section 7 of the Endangered Species Act,for a tiered biological opinion for the Gene Autry Trail road widening project,and the Gene Autry Trail Union Pacific Railroad Bridge widening project,which would be appended to our original programmatic biological opinion. This tiered biological opinion can interrelate both projects in a way that incorporates the wildlife under-crossings in the approach ramp to the railroad bridge that the City proposes as mitigation for the subject Gene Autry Trail widening project. Because the programmatic biological opinion did not site-specifically evaluate the individual tiered projects along Gene Autry Trail,our tiered biological opinion provides the t R iE �w FEB ? 5 2005 i � ' alert of Cabrornis I)ejparbncnt of Alcoholic 6evetage Control PROTEST AGAINST ALCOHOLIC i3EVERAU LICENSE APPLICATION Please Print legibly qt typo. � i I i hereby Protest the issuance of a license under the Alcoholic Beverage Conttoi Act to: J SHARP HOSPITALITY LLC 1050. F. Palm Canyone1Drr, Palifi SPr�inng CA92264 . - - - - - — —s -- - Pur prentiscs at: (Exact address of pro posed preTises) _— Srha4 1-oAp t"Uy L'LC 13 are ttte paoceb-s a$ %weraova'ttvrg thzv old caaban's o� thr, ivarwA L'Hoysizon (3a ten Hof 4 t' plan to tAau a nvw opeAeiron undeA t,e. nawnei t Lhe Ho/vL7c& (-1 . On e grow", s t... .; Atthough they a'e afiir'u � l keorn 5,tatting frh�a hote' op:'oa-t .na, ShO4 hlah applied Got a zer[ce to 5eAce att PAnd og atc.OhO is teveiu, en at pao.P i arwd. an- nom t rtinaGa�uAycvith the, expeutatton 04 ktiteh p'eo&ftJhe, &wad tairw jaL the Iiczv,eei appticoytion ib g,tartted wiAd inteAtou with the quiet enjoyr,&-.nt o¢ owt p',oper tcy /oea e 6, a�6�o., 100 beet ¢tom, the 5 beet high (yenee yepcvtahtng to Morn the Fotet-pnapervi; r. (Apptox. I 30 condo ca'P�, in Else Rancho La P=:wz w-idenytiat community i6 in 6iyniliM po�kCion,) Fhe pzAWA wotad allow to ovtve aicahot att day (7fAM-11 AM on tortgeA li ie, Ao decaAM iy tho ownVgto _qteestb and theA invvteeA at the poo-LY,ide,as in. ry,0ow (ma;ri&lt;r)i iX/e Lwssee, oevevwatpjt Ue;f .s wOvic:h inte4eAa with the netghtouw'd '4 " (tie t,A&6e and quiet enjoynwelvt o6 d:wi 4 rAopeUY) and the daagevA o'b mis-tWfig the. wovu ' 4P inv'Uzf,A, bah a.pUicant ho not adNeAts d these potenlW rv)Uern6 and 7raa.dz11 no eUcvarv/.r ,to e ltlihh t�5ae: the iiee-med opetat on woutd not inteit(,viwe, with owl n.ighr✓a and VuAe o� p'topE!VUM. Ule eoncehn, that the Hote-t of W6 size cannot ago2d the adequate, manpou,''el. W'Weh corvthot and e.r4we, the -Ws"&-Oe-e, opwaa' on and handteA the comptaintA. 4I' F,tom the, apptication J&aro and covtesponderwe it L5 not f4eart. who ;/� ''bill ,r`" own✓t,whX) if. y>abporwite' bad the ? cenee . i 1 7o to u uv, atumce- dtot U[g teG at MMA rrwn l tirx>'ti se y Crtawc8e/ttc. A. d d,srwir &s to ir[te,' r66t on healvivwge and we bated I Check here it ad itl�nal sheets a[tached declare udpeI, Beta AAvvd"et BeIW nally oirpeajury: -- PRIN r(Nerne of Protestant) (1) That I am the protestant herein; (2) That i have read the above protes'. and know th"i c�'iontents thereof; and (3) That the same is true of my own knowledge except as co those matten;'which are therein stated on information and belief, and as to those matters I believe to be true. tRrJ',E/,^/ayp�rJ r UI " ity°�A'4 —_ -_�� _ � 760) 323_'3 ,.6 ✓_ L 'UIE NV�JL'.CR rUP;icnel) '9 .VE t.lvQ. 4-8 _ SISGED AT(C11/ervJ o.E.50.E.P_at�iw_C_youn p]t - atrrt Sptinga,Cf1 92264 I(- —Fet 14,20 il - --- - ---------- ---- P?OI ES rAIJI'B AOORESS rS l,val rmnibe2nd omne,city,eale,np rode) � , I AClG510-A(11103) r--L#�A t Glace Ali Department of,PIcoholic Beverage Control State of California PROTEST AGAINST ALCOHOLIC BEVERAGE LICENSE APPLICATION Please print legibly or type. I hereby protest the issuance of a license under the Alcoholic Beverage Control Act to: (Name(s)of Applicant(s)) For premises at: Ir�AL. 01 CA III YOAU A'. pig LrA Iv (Exact address of proposed premises) on the grounds that: ffaepna .-5es nize- loc,1-- 1--© Ll y�,-e4i i 3r:c7 A. V-)5�n 4Z-��/t�lip' , C�.4cI(G'Vy'�.5 ~4- ,1/1Z 7.CFi . 1'4njL r _( tuea�nn: G F 4es �a7 a. \ei6ex. �a e � 9-.�L-dt a i�N td es:st d 4 :a f)Caa•t, (Uei h1113 s" �tr a3 4kf,,od ma`s -�k6 10A a treaVai;--, -r-o�- c� vaa°Z,+5 o vilvn � °�� Sid >L, ,a wdd V - Aectea� SU�av - .5 -es daaJz �e�4 �4io— a V—tV1, tti a5 90 a a ate �1�,R ra g r tv 5 C �.> �L C± 'nr� w:_ e'�ttiZJ w'L_o- G'e��b .� o„`,CV:18:U",n'fi oe,i3t. L ` c P-0 P2tZ:L� ii>'� cb V1 .C'i71�'0.o�, C P e17.irn YD 6@ e,. Lb L C v 21.E>L^JCS �c ��n2, ,�.��.' a°�l w;c� 0�• �. .yc.DC ! �a s'11� liD -7.Cc„ �,�5 c 7 o-n a�"'l-h2r�, :: .F c%c%:-,�'Le,`t�yt �to u'4�n •tcl,�,� M1na�',w�- f�- V a�i.� e.'s �,��A1-�i Check here if additional sheets attached I, l u Gleam Ml:k w <J e declare under penalty of perjury: PRINT(Name of Protestant) (1)That I am the protestant herein; (2)That:have i;ad iha above proiest and know the c n en:s thereof; and(3)That the same is true of my own knowledge except as to those matters which are therein stated on information and belief,and as to those matters I believe to be true. PROTESTANT'S SIGNATURE PROTESTANTS TELEPHONE NUMBER(Optional) 1 Cgs Lv 6-40) P(� IGNED AT(City and slate) DATE SIGNED 1/ � E. P/-I t,ivt a na Y 00 '0 W2, PROTESTANT'S ADDR' -(Street number and name,city,s(ate,zip code) ABC-510-A If 1/03) January 20, 2005 Dear Neighbors, I am writing to you from The Horizon Hotel (formerly L'Horizon Garden Hotel), as many of you probably noticed, we are undergoing an extensive renovation. We would like to thank you for your patience during this long and arduous process. As part of the renovation, The Horizon Hotel we would like to add a private, for guests only, pool side bar and in-room mini-bars. As required by the State of California's Alcohol and Beverage Control we are required to send to the residents within 500 feet of our property the attached notice. We feel that the addition of this private bar will help make The Horizon Hotel a success and help to insure its future. We respectfully ask your approval and consideration in this matter. Should you have any questions or would like to see the progress here at the hotel please feel free to contact me. Sincerely yours, Rich Campbell General Manager The Horizon Hotel 1050 East Palm Canyon Palm Springs CA 92264 760 323 1858 760 808 1373 direct February 9, 2005 Dear Neighbors, My family purchased The Horizon Hotel (formerly called L'Horizon Garden Hotel) in February of 2004 and began extensive renovation and restoration in July. The Horizon Hotel was designed by William Cody and built in 1952 for Hollywood mogul Jack Wrather and his actress wife Bonita Granville, the juvenile Nancy Drew. I would like to take this opportunity to thank our neighbors for their patience during this lengthy construction process and to invite them to see the hotel and its progress during a couple of open houses held February 15" and 22°d from 11 am to 2pm. Thank you for allowing us to be a part of your community and we look forward to meeting each of you. Sincerely, Dave Scharf Owner& General Partner The Horizon Hotel 1050 East Palm Canyon Dr. Palm Springs, CA 92264 760-323-1858 Petition 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 pool side bar and in-room-mini-bars. 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: s'Y�?rW601V 70 �LLs�,tFl?�Xs�ir6 ?Cf✓7?�OL`� `!9P�%/tR 2:L, a���i r..F `� � �„�f�,,.;La.o.�,"✓ ll �l �{—a`"'.�. J x.,tiwL� I) /%i, A\�,i c`J l'..,a :;�� i� /C�—"i ✓1J c�C'-°�-; _ - .� t\,1t 1� �% .:>�/i'l,vv,q$,. D 2� la goo Page # 2 Petition to object to the proposed bars at Horizon Hotel: *_3 2- ieAL q Rl F.,T- "bi 1Y) Jd 43, 61 Page #3 Petition to object to the proposed bars at Horizon Hotel: .4- //-A/1�ull " ILI <)w -zl� Page # 4 Petition to object to the proposed bars at Horizon Hotel: Sg I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 East Tahquitz Canyon Drive, Palm Springs, California; that on the 14th day of April, 2005, 1 served the within NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION, CASE NO. 5.1039-CUP, THAT HAS BEEN TENTATIVELY SET FOR PUBLIC HEARING ON MAY 11, 2005 to consider the application for a conditional use permit to allow the sale of alcohol, four spa rooms, and incidental retail sales in the hotel lobby that is required for any accessory commercial use to the primary hotel use. Accessory uses will be the pool bar(100 sq.ft., in- room mini-bars,spa, and retails sales for the enhanced experience for hotel guests only and more fully described on the attached notice. This Notice was served on persons contained in Exhibits attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the attached list of public agencies received from the City's Planner on April 14, 2005 and attached hereto. I hereby declare under penalty of perjury that the fore is true and correct. 41 / Loretta D. Moffett, Senior Secretary/ Dated at Palm Springs, California, this 14th day of April 2005. NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION HORIZON HOTEL LEAD AGENCY: The City Of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 CONTACT PERSON: Matthew Feske; l760) 323-8245 PROJECT TITLE: Horizon Hotel PROJECT LOCATION: The project site is located at 1050 East Palm Canyon Drive, in Palm Springs, California (Case # 5.1039) PROJECT DESCRIPTION: 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 Condilional 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 1 1:00 A.M. to 2:00 A.M. for the pool, bar, spa and retail area. FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that the project will not have significant adverse impacts The City hereby prepares and proposes to adopt a Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 20 day public review period for the Draft Negative Declaration will commence on April 15, 2005 through May 4, 2005 at 5:00 p.m. for interested individuals and public agencies to submit written comments on the document. Any written comments on the Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address: mafthewf@ci.palm-springs.ca.us Copies of the Negative Declaration and Initial Study are available for review at the above address and at the City library. PUBLIC MEETING:This matter has been tentatively set for hearing n y 11, 2005 Date: �. C1 Signature: L - �ryV7-yne,Planning ector ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES INITIAL STUDY 1 . Project title: The Horizon Hotel—Conditional Use Permit 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquilz 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- Horizon Hotel, Initial Study April 2005 1.0-1 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES 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.) None Horizon Hotel, Initial Study April2005 1.0-2 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance Horizon Hotel, Initial Study April 2005 1.0-3 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES 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 protect MAY hove 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 Ih posed project, nothing further is required. z Sign to Date Horizon Hotel, Initial Study April 2005 1.0-4 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers [hat 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 [he 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 T 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 fake 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, prograrn EIR, or other CEQA process, an effect has been adequately analyzed in an earlier FIR or negative declaration. Section 15063(c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated;' describe the mitigation measures 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 [he 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. Horizon Hotel, Initial Study April 2005 1.0-5 ' ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in 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 Horizon Hotel, Initial Study April 2005 1.0-6 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Leas Than Significant Mitigation Significant Impact Incorporated Impact No meet I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic ❑ El ❑ 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 ❑ ❑ ❑ ❑X views in the area? a-d) No Impact. The proposed project is located in an isolated area at the base or 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. Horizon Hotel, Initial Study April 2005 1.0-7 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact lt. 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, Lo 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. Horizon Hotel, Initial Study Apri12005 1.0-8 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality stancard 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)? cl) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ 0 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.aqmd.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. The Federal and California State Ambient Air Quality Standards for important pollutants are summarized in Table 1 and described in detail below. Horizon Hotel, Initial Study April 2005 1.0-9 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Tablet Federal and State Ambient Air Quality Standards Pollutant AVERAGING TIME Federal Primary Standard State Standard 1-Hour 0.12 ppm 0.09 PPM Ozone (03) 8-Houe 0.08 ppm -- 8-Hour 9.0 ppm 9.0 ppm Carbon Monoxide (CO) 35 0 ppm 20.0 ppm 1-Hour Annual 0 05 ppm -- Nitrogen Oxide(NO.) 1-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 50 pg/m3 30 pg/m3 PMio 24-Hour 150 pg/m3 50 Ug/m3 Annual PM zs 15 pg/m3 24-Hour 65 pg/m3 30-Day Avg. — 1.5 pg/m3 Lead Month Avg. 1 5 pg/m3 - Source: California Air Resources Board, "Ambient Air Quality Standards,"January 25, 1999. ppm=parts per million Ng/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. ' Horizon Hotel, Initial Study April2005 1.0-10 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES ` Sulfur Dioxide (S02) results from the combustion of high sulfur conlenl 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 Ilion in the summer (when sunlight Is plentiful and sulfate is more readily formed). Particulate Matter(PM70 and PM2.5) consists of particles in the atmosphere as a by-product oI 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 of lead. 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 averaging over a 3-month period (inclucling 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 ISIOx Sox _ 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. Horizon Hotel, Initial Study April 2005 1.0-11 • ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly of through habitat modifications, on any species identified as a candidate, sensitive, of 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 established native resident or ❑ ❑ ❑ ❑x 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? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ElConservation Plan, or other approved local, regional or state habitat conservation plan? o-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. Horizon Hotel, Initial Study April 2005 1,0-12 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ X significance of a historical resource as defined in " I S064.5? 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 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. Horizon Hotel, Initial Study April 2005 1.0-13 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant . Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or cleath, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Paolo 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 ❑ ❑ 1-1liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ El ❑ 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 ❑ El 1-1disposal systems where sewers are not available for the disposal of wastewater? 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. Horizon Hotel, Initial Study April 2005 1.0-14 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated 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 transport, use or ❑ ❑ ❑ X❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste ❑ El Elwithin 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? For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a-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. Horizon Hotel, Initial Study April 2005 1.0-15 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated 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 ❑ El ❑ table level (e.g., the production rate of pre-existing lZ 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 of area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ EJ 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 of 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 ❑ ❑ Elstormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ ❑ ❑ Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ El ❑ that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ 21 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. Horizon Hotel,Initial Study April 2005 1.0-16 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact IX. LAND USE AND PLANNING. Would the project: a) Physically clivide an established community? ❑ ❑ ❑ IX71 b) Conflict with any applicable land use plan, policy or regulation of an agency with juriscliction over the project (including, but not limited to, the general ❑ ❑ ❑ O plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding of mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community 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. Horizon Hotel, Initial Study April 2005 1.0-17 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ Z resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ❑ ❑ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. 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. Horizon Hotel, Initial Study April 2005 1.0-18 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation significant hnpact Incorporated Impact No hnpact 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 stancards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ © ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been aclopted, within two miles of a public airport or a I--] ❑ ❑ 0 public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ ❑ ❑ 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 [he 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 [he public was allowed access. The proposed uses are not anticipated to exceed any applicable noise standards. The applicant, as per the zoning regulations (Section 92.04.01G, 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, [his impact is considered less than significant. Horizon Hotel, Initial Study April 2005 1.0-19 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorpmated Impact No Impact XII. POPULATION AND HOUSING. Would the pioje(t: a) Induce substantial population growth in an area, either directly (e g., by proposing new homes and ❑ El Elbusinesses) 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 Populalion and Housing. Horizon Hotel, Initial Study April 2005 1.0-20 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No linpact 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? ❑ ❑ Cl e) Other public facilities? ❑ ❑ ❑ a-e) No Impact. The proposed Conditional Use Penriit 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. Horizon Hotel, Initial Study April 2005 1.0-21 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks of other recreational facilities such that substantial physical ❑ ❑ ❑ ❑X deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, of require the construction or expansion of El ❑ recreational facilities, which might have an El Z adverse physical effect on 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. Horizon Hotel, Initial Study April 2005 1.0-22 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially with Less Than significant Mitigation Significant Impact Incorporated 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-Lo-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ El congestion management agency for designated roads of 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 clue to a design feature (e.g., sharp curves or dangerous ❑ El ❑ intersections) or incompatible uses (e.g., farm equipment)? e) ReSLIIL in inadequate emergency access? ❑ ❑ ❑ 0 f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ❑ turnouts, bicycle 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. Horizon Hotel, Initial Study April 2005 1.0-23 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant Potentially gWith Less Than Significant Mitigation Significant Impact Incorporated impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the El ❑ ❑ applicable Regional Water Quality Control Board? b) Require or result In the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ Elexisting 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? cl) Have sufficient water supplies available to serve the project from existing entitlements and resources, of ❑ ❑ ❑ 23 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? t) 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. Horizon Hotel, Initial Study April 2005 1.0-24 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Less Than Significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact (I Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are ❑ ❑ ❑ ❑x 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 adverse effects on human ❑ ❑ ❑ Z 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 adhering to basic regulatory requirements and/or conditions of approval incorporated into project design. c) No Impact. The proposed project would not have any direct or 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. Horizon Hotel, Initial Study April 2005 1.0-25 ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES 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 Sprngs Zoning Code 2004. 4. South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993 Horizon Hotel, Initial Study April 2005 1.0-26 Public Hearing Notices Notification Information for Public Hearing on May 11, 1005 Case No. 5.1029 - CUP Applicant Name: Horizon Hotel (Scharf Hospitality, Owners) Address 1050 East Palm Canyon Drive Palm Springs, CA 92264 Project Location & 1050 East Palm Canyon Drive Description: Conditional Use Permit to allow the sale of alcohol, four spa rooms, and incidental retail sales in the hotel lobby for guest of the hotel only. Assigned Planner: Matthew Feske, Associate Planner Labels Prepared by: Kevin Grant, Contract Planner Certification to City Clerk Date: 4-15-2005 Property Owners / Groups / Date Notices I Number of Organizations Mailed Notices Mailed To Desert Sun for publication on: I done by City Clerk I 1 Applicant/Sponsors April 14, 2005 2 Property Owners: Land Owner (master lessor) Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners - to BIA Neighborhood Coalition-Notice only 10 Homeowners Association ONIPP Agua Caliente Band/Cahuilla Indians Rep 1 City Rep for Verification (office & home 0 address) Public Agencies & City Staff- IS or EA 19 Other Interested Parties Public Notice Binder & Case File 2 TOTAL NUMBER MAILED: Notices only 11 Full NOIA Reports 24 R Dep"afti-Aw"It. 0.'-�':IanMncg Services R'Z A F-) U An Date: April 14, 2005 From: Loretta Moffed, Senior Secretanj SubJect: MaOing Labels for Notice of PlUbNcHearing Notice of Intent tokdoPta Negative Declaration, Case No.5.1039 Tentatively scheduled for May 11, 2005 Conditional Use Permil for Horizon Hoiei to sell Alcohol, operate four spa rooms, and retail sales in the hotel lobby for the hotel r. uests only -,at 21050 Eat Palm Canyon Drive Scarf Hospitality, Owner of the Horizon Hotel, Applicants This is to certify that the adached labels were created on April 14,2005 using the most current information available. To the best of my knowledge, thf-- kRbeIS are Complete and accurate. -or or etta D. Mol 1-04V,genior Sef,,retary April 14, 2005 Idni Notice of Intent Horizon Hotel -Case 5.1039 District Agencies April 14, 2005 Desert Water Agency The Gas Company Palm Springs Disposal Services 1200 South Gene Autry Trail 211 North Sunrise Way 4690 E. Mesquite Avenue Palm Springs, CA 92264 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs Unified School District South Coast Air Quality Management Dist Southern California Edison 980 E. Tahquitz Canyon Way 21865 East Copley Drive Environmental Affairs Palm Springs, CA 92262 Diamond Bar, CA 91765-4182 P.O. Box 800 Rosemead, CA 91770 Agua Caliente Cahuilla Indians Mr. Tom Davis Interested Parties/Organizations Tribal Planning Director 650 E. Tahquitz Canyon Way Palm Springs, CA 92262 Mr. Scott Kennedy The Sierra Club Palm Springs Modern Committee Ms. Joan Taylor 2395 Starr Road 1800 South Sunrise Way Federal Agencies Palm Springs, CA 92262 Palm Springs, CA 92264 Bureau of Indian Affairs Bureau of Indian Affairs Bureau of Land Management Mr. Kim Snyder, Director Regional Director Mr. James Kenna, Field Manager P.O. Box 2245 ATTN: Natural Resources 690 West Garnet (PO Box 581260) Palm Springs, CA 92263 2800 Cottage Way Palm Springs, 92258 (1 EAR E,TECH) Sacramento, CA 95825 State Clearinghouse State of California 1400 Tenth Street Water Quality Control Board State Agencies Sacramento, CA 95814 73720 Fred Waring Drive Palm Desert, CA 92260 Intra-City Project Review AIRPORT BUILDING ENGINEERING & PALM SPRINGS PUBLIC WORKS FIRE LIBRARY PARKS, RECREATION POLICE & FACILITIES NEIGHBORHOOD COALITION REPS MR BILL DAVIS AND APRIL 2005 MR PETER DIXON MS TRISHA DAVIS 5.1039-HORIZON HOTEL NOIA (TENNIS CLUB AREA) (TENNIS CLUB AREA) 431 SOUTH MONTE VISTA DRIVE 555 West Baristo Road#2C PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 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 PLOSS MR PHIL TEDESCO (DEEPWELL) OLD LAS PALMAS (DEEPWELL RANCH) 1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS SHERYL HAMLIN IviODCOI6 F\ND MR PETE MORUZZI HISTORIC TENNIS CLUB AREA HISTORIC SITE REP— -. PALM SPRINGS MODERN COMMITTEE 565 WEST SANTA ROSA DRIVE PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 \ m ; <S2 - d»d!\'/ �\ \\ . THE "A 9 2 6 t I., « d q 11; f��q I lz2l I S, J,V I U E p 05 ,r, , f-.P�Mo 9 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL AT THE HORIZON HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 24. WHEREAS, The Horizon Hotel ("applicant") has requested the adoption of a Resolution of Convenience and Necessity in order to sell alcohol at the hotel at 1050 East Palm Canyon Drive, Zone R-3, Section 24; and WHEREAS, The Horizon Hotel ("applicant') agrees to sell alcohol as an accessory use to the hotel use and the alcohol sales will be less than 20% of the gross floor area of the hotel: and WHEREAS, the City Council is being asked to adopt a Resolution of Convenience and Necessity pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Convenience and Necessity, including but not limited to the staff report; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license number 70 — General Sale — Restrictive Service and license number 66 — Controlled Access Cabinets; NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity for the General Sale — Restrictive Service and Controlled Access located at 1050 East Palm Canyon Drive. ADOPTED this; 16th day of February 2005. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEW AND APPROVED AS TO FORM: �IPrp "9�✓ G I J l� I