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2/20/2008 - STAFF REPORTS - 1.C.
Page 1 of 1 Tim Ellis From: Craigmps@aol.com Sent: Wednesday, February 20, 2008 10,06 AM To: Steve.Pougnet@palmsprings-ca.gov, rick.hutcheson@palmsprings-ca.gov; lee.weigel@palmsprings-ca.gov, ginny.foat@palmsprings-ca.gov, Chris.mills@palmsprings-ca.gov Cc: Martha.Edgmon@palmsprings-ca.gov Subject: Palm Mountain Resort Dear Mr. Mayor and Council Members: Since I am unable to attend the meeting tonight and speak on behalf of Palm Mountain Resort, I would appreciate the opportunity to voice my opinion via email. I've attended several presentations regarding the property's renovation and believe that it is a project that should move forward. Objections to the project were met with solutions by Palm Mountain. The property is ready to begin the project, has the money to do so and in fact is anxious to begin work almost immediately so as to have the additional rooms and renovations completed quickly. It is my understanding that the impact on downtown will be significant in that the hotel, when renovations are complete, will bring an additional 40,000 people into the area -- people with shopping and dining high on their list of priorities for their visit It is also my understanding that parking is at issue and that has also been addressed by the hotel as off-site parking is available for coaches, if necessary. As a former business owner(and resident since 1963), 1 admire, respect and applaud those who risk their money by investing in our city even, especially, during difficult times I encourage you to approve this project and help them to help us move in the right direction. Sincerely, Marcia Craig Delicious ideas to please the pickiest eaters. Watch the video on AOL Living.. �jd7`pZ0/c7Od�j -Z e� �. e 2/20/2008 BLAIR & JASON MILLAR February 12, 2008 Palm Springs City Council City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 To the Members of City Council: We are residents of the Historic Tennis Club Neighborhood for 30 plus years, and we currently are living on South Pablo Drive. I understand recently the Board of Directors endorsed the renovation of the Palm Mountain Resort & later changed their mind and reconsidered their support. We were amazed a Board of Directors could support one day and not support a week later when in fact the project did not change. We are also disappointed that they did not continue to support. We believe strongly that the Palm Mountain Resort does need the renovating that the owner is proposing. Please know the Palm Mountain Resort does have strong neighborhood support. Sincerely, � dr �G L Blair & Ja o filar 371 S. PABLO DR. • PALM SPRINGS, CA 92262 6"7/a0/'q66'a • PHONE: 760-325-2873• Page 1 of 1 Tim Ellis From: Ron Oden froden@dc.rccomj Sent: Wednesday, February 20, 2008 2:56 PM To: 'Tim Ellis' Subject: New Microsoft Word Document(2) letter of support February 20, 2008 Dear Mayor Pougnet and members of the Palm Springs city council, As the former Mayor of Palm Springs I understand the myriad of issues that must be considered when making a decision regarding new and existing development projects. I am familiar with the present proposal of the Palm Mountain Resort but we know that their initial ambitious condo Hotel project created a lot of conflict and concern about it's appropriateness for the downtown corridor. Because I believed that the development team listened to the city council and public concern they offered a scaled back version that would be more suitable for Downtown Palm Springs that retains some vintage and remains within the original footprint. I think this is a marvelous compromise, because we still get over 100 brand new hotel rooms downtown and we all know that the Bed Tax is golden to our city. It also means a boost to the General fund based on the fact that resort will provide twice as many tourists to visit our shops and eat in our downtown restaurants. This project has my support, and I am looking forward to seeing this great project completed. Ron Oden Citizen! No virus found in this outgoing message. Checked by AVG Free Edirion. Version:7.5.516/Vinis Darabase:269.20.8/1289-Release Date:2/20/2008 10 26 AM da?,�7D`G7aG�i 2/20/2008 Page I of I Dear Mayor, Council and City Manager, My name is Laura Walsh I own The Cocky Cactus at 150 N Palm Canyon. Though I live in Cathedral City my heart and livelihood are in Palm Springs. Please vote to approve the Palm Mountain remodel. We desperately need these rooms and the people they will bring. I realize that parking is a concern but understand that it has been addressed. If this is a reason to turn down the project I ask that you be fair and look at existing Inns in the area that currently have insufficient parking and ask that they are held to the same standards. Some say that three stories is too tall for our"village". That it will block this view or that view. This is ridiculous. All one has to do is walk a little one way or the other and views abound. The building will block no more than the trees and shrubbery surrounding most of its neighbors already do. I am not too sure what people mean when they use the word "village"_ Does it mean they want only one and two story buildings that fit some mold they have dreamed up? To me what makes us a "village" is the warm and friendly greeting when you enter our unique shops and restaurants. We are special but it is not the buildings that make us special it is the people who inhabit those spaces. Finally we need this expansion because we need the people, the customers for our stores and restaurants to survive. For you see most of the villagers no longer support the village. Please do not let a vocal few continue to hold us back. If we are to survive we need to be brave and move forward. Thank you, � Laura Walsh The Cocky Cactus 150 N Palm Canyon Palm Springs, CA 92262 Wednesday, February 20, 2008 America Online: Guest I` I IHistoric PlazaTheatre � Busine ss Offices II II I I l I2S Easl. lahrIwli Canyon Way I?R South Palm Canyon Drive Sulk,. 209 9elin Siring;, California Palm S�rirn�s California 92)62 n ' 92262 II II IIIIII I I II' IIII � i !� I li I February 16, 2008 City of Palm Springs 3200 E- Tahquitz Canyon Way Palm Springs, CA 92264 l II I I Dear Mayor & Council: hill III We were delighted to hear of the Palm Mountain Resort's plans to make a major III investment into their property. This can only further enhance our Palm Springs hotel inventory, bring still more patrons to our downtovm core and increase the City's T.O.T. collections. We have enjoyed a long relationship with this property housing both our visiting vendors l II II I and countless show patrons, and trey have proven to be a wonderful tourism partner. li I II III In fact, their original management was among the very few that offered encouragement and support when the idea of starting the Follies was first proposed. And their support has l never wavered. As well, the long-term ownership of this property shows the type of commitment and vision needed for our downtown. We are continued respect and regards, we remain, I�I III ll �� � v(�j IIIIII � iII ! Riff Markowitz Mary Jar 'i Managing Director Dir ctor of Mar Ini III! Ih III lid III+ �a�a�/a�o8 I 31USINL-55011-ICES i�0778.ic�S-I=f-;I-�.1=I-l`JnIICnJS iu0327.0)_25�f=AX:760.3"L2 � 196 My name is Jeanette Moore and T am the Director of Travel Industry Sales at the Palm Mountain Resort. I also currently serve on the PP&J executive committee for the Bureau of Palm Springs. I have been promoting Palm Springs in the hospitality industry for almost 30 years now and have seen tremendous growth in tourism, especially over the Iasi eight years. I wanted to voice any support for the expansion of the Palm Mountain Resort as I feel it will be a tremendous asset to the city of Palm Springs, increasing tourism dollars. The Palm Mountain Resort has built a reputation over the last four years as a hotel that caters to motor coach tours. There is a management team in place that understands the needs and knows how to provide exceptional service to the tour industry. I understand the city has some concern over the number of parking spaces available to guests of the hotel., but a large part of PMR's business is motorcoacb, which requires no parking spaces. At present the hotel can accommodate three tours of 78 rooms comfortably, however, the hotel has had to turn business away every year due to the high demand, in season. In conclusion, T would like to say that I have worked for Palm Mountain Resort in the early 90s and again for the last three years and whatever project the owner embarks on, it is with the utmost care and concern for the community, both esthetically and financially. The Palm Mountain Resort is a lovely property that depicts the ambience of the Palm Springs of the 50s & 60s and the expansion will be an extension of that same ambience. pa fa o�aQo J A - W Dear, Members of the City Counsel of Palm Springs 2-06-2008 1 apologize for my absence as I would like to deliver this message in person. I have been a business owner in Palm Springs for over four years now and have grown very concerned over the past two years with our apparent slow growth and now obvious down turn in our tour and travel industry. I am the operating partner in the Falls restaurant & Matchbox directly across the street from the Palm Mountain resort. I have become very familiar with the proposed renovation of this property and feel it is a vital start to the redevelopment of Palm Springs. I feel the plan including the proposed height and parking is responsible development and will help fill the desperate need for new and better quality hotel rooms. My businesses along with many others survive on the convention and southern California drive in market and in order for that segment of our business to thrive we need to have more and better quality hotel rooms. In the four years I have been in Palm Springs I have never heard a guest of mine complain or even comment about the view of the mountains from the Mercado plaza parking lot, but I have heard many complain about the lack of hotel rooms or the quality of them and in turn this has made them decide to stay down valley in a better quality facility like the Hyatt Grand Champions or LQ resort. Michael Estrada Operating Partner The Falls Restaurants & Matchbox 760-416-8664 c ,v? .q a�aQag � 1� ✓ �� I 'I r ro �+O 1'�'��b•1p 07�19D�Mtsz 1L=Eo Road'�Falna 5pninys, CA 92262:::;75D.325.'_577 :7AY�76d.325.S549 February 20, 2008 john Piva ls;o C iuf ESCCUEivc Officer Mayor Steve Pougnet Hxec zive committee Members of the City Council Roman Whimikcr City of Palm Springs Prcnidcnr Todd i-inoks Re: Palm Mountain Resort PrOSI(leal I-Flea Dear Mayor and Council Members: :'.'.lizabci,h A. Gobble rnln]Cd11re Risr PCLS1d= The Palm Springs Chamber of Commerce's Executive Committee has reviewed the information for the proposed Sieve °'`5On changes to the Palm Mountain Resort. The committee finds this Trcneure,• to be an outstanding proposal to increase hotel rooms and gain DarJessrnp an anticipated 40,000 additional visitors per year to the city of \iccPresidcnr Palm Springs. Brad Latarit;cen We believe that this needed increase in Hotel rooms in Vtc pl""Jd )L downtown Palm Springs will also increase our restaurant and Valeriez„gales retail business and we see it adding to the overall economy of �,« Prmdrnt Palm Springs. DIRECTORS The Chamber wholeheartedly supports this proposal and Rand Phrens encourages the council to vote in favor of a General Plan T Luis .Jeffeff GobbleAmendment to amend the existing designation from "Small Jun::h.:n'I-Lath Hotel Resort Commercial" to "Central Business District- Jill r- unerbeig Downtown Central Core', permitting a density of up to 70 hotel Casey Jones units per acre. Becky-Yloreno iM.Uy Perry Cathy 'Jan :turn Xarcn yJa}ncr Respectfully, Rick'Hutch -Son o Pivinski ief Executive Officer =-r-Erl i Palm Springs Chamber of Commerce Palm Springs �EGOWc�Mm! On February 20, 2008 Mr. Mayor and Members of the Council. Palm Springs Economic Development Corporation's Project Review Committee recently met to review the Palm Mountain Resort renovation project. We took a hard look at the parking issue and other aspects of this project and asked numerous questions all of which were answered to our satisfaction. Our findings are as follows, 1. The project incorporates and reuses existing structures on the site while replacing the out-dated restaurant building and one section of the hotel site with superior hotel accommodations in more energy-efficient buildings. 2. The project will bring more visitors to the downtown area without adversely impacting the adequacy of parking. 3. The project will promote a "greener" approach to tourism transportation by continuing to encourage motor coach tours that reduce automobile traffic. 4. The project will greatly improve the aesthetic quality of the area with its attention to landscaping and other details, including for example taking the utility lines underground on Cahuilla Road. Perhaps the most overlooked feature is that this is essentially a green project. • First, it adaptively reuses an existing structure on the site. Second, the project's flat roof is conducive to the use photo-voltaic panels, the feasibility of which the developer states he is pursuing. • Third, the project's design and operation will reduce greenhouse gases from automobile traffic. The Palm Mountain Resort reports that approximately 25% or more of its current guests arrive in tour buses rather than cars. The Planning Commission has endorsed a 15% parking credit for demonstrated tour bus traffic. The buses themselves would be parked outside of the downtown area. This is a creative approach that expands hotel occupancy while holding down automobile traffic. The result is a reduced need for on- site parking and the developer has gone as far as recognizing that the project's parking falls slightly short of the code requirement and has agreed to pay an in-lieu fee to the City's parking fund. Another important finding is the project is fully funded and ready to begin construction this summer. Palm Mountain Resort's renovation will provide a positive impact on downtown Palm Springs by bringing more first class hotel rooms to downtown that are located within walking distance to restaurants, retail and entertainment venues. Once the renovation is completed, the amount of TOT collected for this property will double providing additional dollars for our City coffers. For all of the foregoing reasons, PSEDC's Project Review Committee and Board of Directors ask that you approve this proposed project and allow it to move forward. Si r ," d.2�aa�a7Dbg Ed rres �� C President Palm Springs Economic Development Corporation Jay Thompson From: RELSNER@aol.com Sent: Wednesday, February 20, 2008 3:16 PM To: Steve.pougnet@palmsprings-ca.gov; ginny.foat@palmsprings-ca.gov; Chris.Mills@palmsprings- ca.gov; Rick.Hutcheson@palmsprings-ca.gov; Lee.Weigel@palmsprings-ca.gov Cc: David.Ready@palmsprings-ca.gov,jay.thompson@palmsprings-ca.gov Subject: Palm Mountain Resort- Proposed Redevelopment Dear Mayor Pougnet, Mayor Pro-Tem Foot, and Council Members Mills, Hutcheson and Weigel -- I am writing as a Palm Springs resident to urge your favorable consideration of the proposed' redevelopment of the existing Palm Mountain Resort and Spa in downtown Palm Springs. A conflicting Rotary Club Board of Directors meeting will prevent my attending tonight's City Council meeting, where I had hoped to be speak under Public Hearings on agenda item I.C. I am very familiar with the current Palm Mountain Resort proposal, which I feel responsibly addresses and accommodates many of the prior concerns that had been raised. With tourism as Palm Springs' primary industry, the Pa/m Mountain Resort plays a key role in generating desirable customers for downtown retail businesses and restaurants, with a location that is within easy walking distance of most. Expanding from 120 to 188 rooms--without negatively impacting the skyline or mountain views from downtown--can only serve to fuel our city's economic engine, with projections of over 100,000 annual guests after the first year, compared to some 60,000 today. I have been impressed with the environmental responsibility and commitment that will be incorporated into the Palm Mountain Resort project. Hotel management has been "pro-green" in its approach to any expansion--including the potential for solar power and incentives for guests with automobiles to walk or use electric carts to downtown businesses. And, of course, a major component of Palm Mountain Resort's clientele involves 300 days of motor coach business annually--tourists who do not drive their cars to visit us, and who find desire reasonably-priced quality downtown hotel accommodations. And, incidentally, these motor coaches will be required to park outside the business district. oa�ao%oog ,LZD177, nd,4 t_ 2/20/2008 Palm Mountain Resort is just one block from the geographic and business center of downtown--not as some would claim, in the Tennis Club neighborhood or a residential neighborhood. It is disheartening to me that, as is the case when any semblance of tourist-friendly progress is proposed for downtown, there us always a vocal minority oppose it--including some small hoteliers whose thinly disguised smoke screensand transparent resistance simply seek to block any further competition. Claiming the upgraded Palm Mountain Resort would "block the mountains" is not only false, but it repeats the demagogic scare words that opponents use to stir up emotional opposition to legitimate and constructive improvements that would prevent our City's downtown from stagnating. I implore you to accept the City Planning Commission's recommendation to approve the hotel's renovation, along with the proposed and very responsible parking plan. Respectfully, Bob Elsner 521 W Via Lola Palm Springs 92262 (760)416-1799 Delicious ideas to please the pickiest eaters. Watch the video on AOL_Living, 2/20/2008 r.� 18 February 2008 City of Palm Springs �c 3200 East Tahquitz Canyon Way N Palm Springs, CA 92262 rJ Honorable Mayor and Members of the City Council: RE: CASE 5.1162 PD 342 PALM MOUNTAIN RESORT & SPA RENOVATION / EXPANSION This letter is written to request that you deny the General Plan amendment and the proposed project that would increase the density, height, and massing of the Palm Mountain Resort & Spa. Palm Springs just completed a multiple-year project to update the General Plan. This update, and the Downtown Urban Design Guidelines that it contains, represent thousands of hours of work by hundreds of residents, business owners, neighborhood organizations, planners, committees, commissions, and elected officials. It represents a plan that was shaped by giving voice to all interests, so that the final vision represents the best interests of the community at large, not of any one individual or group. However, the plan is only meaningful if it is implemented. To significantly deviate from the General Plan so soon after its adoption would denigrate the work performed by the community at large. The staff report for this project proposes that this General Plan amendment is a "logical extension of the downtown central core." I submit to you that there is a delicate balance between the downtown commercial core and the historic neighborhood behind it, and that this 'logical extension" is in direct conflict with the interests of the neighborhood, the General Plan, and the Downtown Urban Design Guidelines. Its massing, height, and setbacks would set the hotel apart from the neighboring single-story structures, especially on the west edge of the property (Cahuilla Road). A renovation of the Palm Mountain Resort & Spa is an admirable idea. It is also one that can very likely be accomplished with lesser density and height than is proposed. Please deny the proposed General Plan amendment, and ask the applicant to revise the project to be in keeping with the vision of the General Plan. Sincerely, Lauri Aylaian 377 W. Baristo Road Palm Springs, CA 92262 2—/_ 760.323.1187 c�,/VAAA�O"fQ2*M 2 ECEI I D C'i7Y OF PALfs SP^IP,C': MSFE520 All If- 29 4 January 2008 JAc '1; S T H0 iiIS0 r= :' CITY CL, R!i Members of the Planning Commission City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Honorable Chair and Planning Commission Members: RE: CASE 5.1162 PD 342 (AS REVISED) PALM MOUNTAIN RESORT & SPA RENOVATION / EXPANSION The Board of the Historic Tennis Club Neighborhood Organization has reviewed the proposed Palm Mountain Resort& Spa project as revised in December 2007. This proposed project is within the boundaries of our neighborhood organization, and has generated a great deal of discussion among Board members and the HTCNO members at large. This letter provides the position of the Board of Directors on the revised project as it was presented to us by General Manager Tim Ellis on 22 December 2007. The Board of Directors supports the project as currently proposed, with 188 hotel rooms and with no reduction in the required number of parking stalls via either administrative relief or payment of in-lieu parking fees. After careful consideration, the Board continues to support the proposed massing and height of the renovation project, as was conveyed to you in our letter dated 26 November 2007. Because our position has created some discord even within our own membership, we take this opportunity to explain fully the reasoning behind it. The existing three-story portion of the resort is taller than most other buildings in the Historic Tennis Club Neighborhood, but the one- and two-story portions of the resort fit in well with the neighborhood. Under normal circumstances, we would be strongly opposed to the proposed increase in height, since it would eliminate the current transition from two stories to one story as you proceed west from the downtown urban buildings to the residential neighborhood. The increased height HTCNO 611 South Palm Canyon [Drive#7220 Aowlvmll�y /Vl r47G�r�G Palm Springs, CA 92264-7453 www.htono.org Z51217 ��, llw�qw r4mr ea IYVAd .fud 07"/Mt+,r would also block mountain views for properties east of the resort. However, in this particular instance, the City Council has already approved a much taller hotel (the Palms Hotel) immediately west of the Palm Mountain Resort. Approval of that project effectively removed the Palm Mountain Resort from the equation. It no longer serves as the transition point from the urban core to the residential neighborhood, and the Palm Hotel will now obstruct mountain views, regardless of whether the Palm Mountain Resort is two stories or three. From a land use and community planning perspective, the discord created by situating a four-story urban hotel (the Palms Hotel) in a single-story residential neighborhood far exceeds the "damage" that will be done by increasing the height of the Palm Mountain Resort& Spa as is proposed by this project. Additionally, the resort is showing its age and is much in need of the proposed renovation. Therefore, we encourage the Planning Commission to support Planned Development No. 342 for the Palm Mountain Resort & Spa as it is currently proposed. lee erely, Dippel HTCNO President copy: HTCNO Board Members —� Craig Ewing Edward Robertson HTCNO 611 South Palm Canyon Drive#7220 Palm Springs, CA 92264-7453 www.htcno.org Pacific Ho5pltahty IGro<.ip, Inc. _ nn _ f, DESIGN ❑FVEle PMEN I MANAGEMENT 1 i V!' �J 4 LI I S f;✓1 !�; 7009 FFB 19 AN 9: 04 EFebruary 15,2008 J4.P';LS yHC)r;PSC CITY CLEFii, Honorable Mayor and Members of the City Council City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE. CASE 5.1162 PD 342, Palm Mountain Resort and Spa Renovation Honorable Mayor and City Council Members: On February 6, 2008 Palm Mountain Resort(PMR)requested a continuance of the above referenced PMR hearing until February 20, 2008. This letter is written to explain the reason for the requested continuance. The Historic Tennis Club Neighborhood Organization (HTC) in a letter dated January 31, 2008 retracted its support for the PMR renovation. We became aware of the letter through a friend of our general manager, Tim Ellis,who provided hint with a copy, late, the night before the City Council hearing. Since we arc heavily invested in entitling the renovation of PMR we felt it prudent to request a continuance until we could find out what had happened to cause the 1.1TC to retract its prior support. Within a matter of only a few weeks the HTC supported our renovation and then retracted its support? The renovation plans for the PMR haven't changed between the times of the two endorsements. I3ISTORIC TENNIS CLUB We learned that prior to the PMR hearing, not only were we not to receive an advance copy of the TITC letter,but also the Planning Department,and we assume the Honorable Mayor and Council Members, were not intended to receive an advance copy of the letter- This is the kind of letter which is usually attached to the Planning Department's Staff Report days prior to a City CDnnci) bearing. It became apparent to us that the HTC intended to submit the letter of retraction at the exact time ofthe heating to create maximum shock value. We also believe that Frank l yscn, the owner of the Casa Cody Inn, across the street and west of uS, lobbied the board members of the I•ITC and apparently convinced them to retract their prior support, The intended tactics which were to be used by the HTC are unfair. PMR held several neighborhood meetings and at each meeting residents of the HTC were invited to view our plans and to ask any questions whatsoever regarding our intentions. The HTC, by intending not to reciprocate in kind, but instead to secretly prepare to attack us at the time of the hearing, had every intention of inflicting maximum harm- The attached letter from ADk) ri1O)V/l✓ .z/z0 /o'? 11250 GI Camino Real,Sure 100,San Diego,California 92130 • Telephone(858) 481-2476 • Pax(858)481-2998 • www.phgmlp corn r, c f Blair and Jason Millar,residents of the HTC, we think,puts the tactics which were to be used by a few residents of the HTC in proper perspective. Upon an in depth analysis of the contents contained within the HTC letter, we have determined that there is nothing of substance contained therein which hasn't already been thoroughly discussed and vetted by both the Architectural Advisory Committee and, in particular,the Planning Commission. With the Planning Commission's oversight, we reduced our room count, eliminated our proposed in-house spa,and enhanced our on-site parking. Each issue has also been independently studied in detail,the results of which are contained in the MNb. However, it should be pointed out that in the second paragraph of the HTC letter, the HTC completely mischaracterizes the existing building improvements on the PMR site. No where in the letter does the HTC draw attention to our existing 3 story buildings,one along Tahquitz, and the other,our 40 room, 3 story Courtyard building, in the center of The PMR property,with each building influencing the transition from the east side of PMR to the west side of PMR, Fw1hernrore, as you move west through the PMR site, past the 3 story buildings, you transition to a two story,not a single story building. We would think that this corrected Wbrmation should, if one is looking at this objectively, be positively received by the 14TC,especially when considering the negligible impacts on views both before and after the renovation. We have requested from the HTC Board that it at least remain neutral on the issue of approving or disapproving the renovation of the PMR. PARKING CONCERNS While issues associated with parking were not contained within the HTC letter we would like to briefly address the parking issues raised in the January 28, 2008 letter from the owners of the Chase Hotel,Casa Cody lnn, and Orbit Hideaway. This letter was to be submitted to you Mr. Mayor and Council Members for the February 6, 2008 council hearing. Again, there is nothing new raised in this letter, though, regarding the parking approvals for the PMR, it is fraught with errors. We find it interesting to note that the Orbit Hideaway,owned by Stan Amy and Christy Eagenis; and the Case Cody Inn, owned by Frank Tysen and Theresc Hayes, are each significantly under parked. In fact, it is our understanding that the 9 room Orbit Hideaway has no on site parking whatsoever, and the Casa Cody is known to use the PMR parking lots. Our head engineer confronted a Casa Cody guest parking in one of the PMR parking lots and was told by the intruder that the general tnanager for the Casa Cody instructed him to park in our parking lot. We know that other surrounding property owners have also been somewhat cavalier about using the PMR parking. Blow do people have the gall to complain about approved parking for a high quality renovation when their own properties arc either under parked, as with the Casa Cody,or have no parking, as with the Orbit Hideaway? What solutions are these owners bringing forth to solve their own parking problems within the Historic Tennis Club district? PARKING SOLUTIONS The Planning Commission really scrutinized our approved parking plan. Credit was given to us for our motor coach tour business,which based upon the actual amount of motor coach tourism business we do,the credit given to us is actually on the minimal side. We do over 300 nights of this type of business. Prank Tysen doesn't know how much motor coach business we do. Only about 35% of the time do the busses remain parked at our Hotel. The rest of the time, the busses drop off the tourists, go away and do other business,and then come back days later to pick up our guests. If you still have concerns after ibis explanation Mr. Ellis is happy to open his books to show you the amount of Motor coach business the Hotel enjoys. If at anytime we find ourselves in the position of being unable to park automobiles on site we are prepared to enter into an agreement which requires us to park these automobiles at another off site location. Finally, with regards to our compact parking, the only comment that is necessary is to say that our compact parking is code approved and our architect laid out our on site parking plan to work cfficiently. if you still have concerns after this explanation Mr. Ellis is happy to open his books to show you the amount of Motor coach business the Hotel enjoys. CONCLUSION As part oi'our ongoing intentions to bring an excellent renovation to the City of Palm Springs,PMR has recently spent in excess of$1mi11i0n in an ongoing upgrade program for those portions of the PMR which will stay in place once the proposed renovations begin, please stop by and take a look at the upgrades we are implementing. It would be a welcomed improvement for the City of Palm Springs if our neighboring hotel owners would care for their properties in a similar manner. Instead of spending the effort in trying to derail what will be a quality renovation for the City of Pahnt Springs, why don't they follow our lead and choose to renovate and upgrade their own properties for the added mutual benefit of all the surrounding property owners? In closing,we now come before you Mr. Mayor and Council Members for what we trust will be an approval of the PMR renovation plans. Subject of course, to revisiting tine AAC will) detailed architectural plans, and then onto what we hope will be our last and final stop, the Planning Commission. "['his is a beautiful renovation which will bring on line over 100 brand new guest rooms. Once this project is built and open for the second year, we are projecting that there will be 103,000 people staying at our Hotel annually,up 40,000 frowna today's numbers. These are new guests who will spend in and help grow the City of Palm Spring's number one industry—tourism.,along with its associated shopping and dining. We thank each of you for your patience in reviewing this lengthy letter. We look forward to answering any of your questions. Respectfully submitted, Robert G. Richardson Director of Development Cc Craig Ewing Edward Robertson Lyn Calerdine Tom Wilson HTCNQ efarie Tcra'is eld Iraia"r1'oad diyatraGva R y C y I to E D ITY Or PALM SP 'INC: PI'F, 2006 EES 19 AN 9- 04 .� .` 6s, �.�. �Y" 1` 31 January2008 JAHES THOr;PSC,-? ' CITY CLEegK i 4, ! li, F t Honorable Mayor and Members of the City Council City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Honorable Mayor and City Council Members: RE: CASE 5.1162 PD 342 (AS REVISED) PALM MOUNTAIN RESORT & SPA RENOVATION f EXPANSION The Board of the Historic Tennis Club Neighborhood Organization has reviewed the proposed Palm Mountain Resort & Spa project as approved by the Planning Commission on 9 January 2008. This proposed project is within the boundaries of our neighborhood organization, and has generated a great deal of discussion among Board members and the HTCNO members at large. This letter is written to convey the revised position of the Board of Directors to the proposed project. The project is taller in height and far denser than is currently allowed under the Downtown Urban Design Guidelines, the General Plan, and the zoning ordinance. Approval of the project would eliminate the current transition from two stories to one story as you proceed west from the urban core to the residential neighborhood. The project would also obstruct the mountain views for the properties on the east side of the resort. The Palm Mountain Hotel and Resort is in the Tennis Club District. It is NOT in the Downtown Central Core or the Outer Core. To allow the proposed increase in density and a three-story design that permeates the site would effectively move the downtown core two blocks farther into the residential neighborhood and would eliminate a smooth transition from one to the other. Please note that this position paper supersedes our previous letters to the Planning Commission on the same project. The HTCNO Board of Directors' previous support was based upon the precept that a four-story hotel would be situated between the Palm Mountain Resort and the neighborhood. Our q January 2008 letter to the Planning Commission, and the testimony offered at HTCNO 611 South Palm Canyon Drive#7220 D 77Q/-)A Palm Springs, CA 92264-7453 www.htcno org //1.4 is 7ee IRF eld 41"�k6arfga(Dr�aaratar that meeting, clearly qualified our position by stating that "Under normal circumstances, we would be strongly opposed to the proposed increase in height, since it would eliminate the current transition from two stories to one story as you proceed west from the downtown urban buildings to the residential neighborhood. The increased height would also block mountain views for properties east of the resort. However, in this particular instance, the City Council has already approved a much taller hotel (the Palms Hotel) immediately west of the Palm Mountain Resort. Approval of that project effectively removed the Palm Mountain Resort from the equation. it no longer serves as the transition point from the urban core to the residential neighborhood, and the Palm Hotel will now obstruct mountain views, regardless of whether the Palm Mountain Resort is two stories or three " With the recent stripping of entitlements granted to -f the Palm Hotel, the City Council has a rare opportunity to restore the vision of the community contained in the General Plan and the Downtown Urban Design Guidelines. That vision was the culmination of a number of years of collaborative effort between and among the members of the City Council, Planning Commission, General Plan Steering Committee, resident groups, business owners, and community visionaries. Please endorse the vision of Palm Springs contained in the Downtown Urban Design Guidelines and apply those conditions to the Palm Mountain Resort & Spa project as currently proposed. A scaled-down version of this project would be in keeping with the neighborhood and the community goals. Sincerely, Gene Dippel HTCNO President copy: HTCNO Board Members Craig Ewing Edward Robertson 1�7CN0 611 South Palm Canyon Drive 47220 Palm Springs, CA 92264-7453 www htcno org HTCNO RESOLUTION NO. 07-01 Passed by acclamation by the board April 16,2007 WHEREAS, the character of the Historic Tennis Club Neighborhood is a unique and defining element of the city of Palm Springs; and WHEREAS, this distinct neighborhood merits preservation by virtue of the vital role it plays in attracting visitors to the city and providing enjoyment for residents; and WHEREAS, the Palm Springs General Plan, Downtown Urban Design Guidelines, and municipal code (except 94,03.00 Planned Development District), are designed to enhance, protect and preserve the qualities, the values, and the character of the community; and WHEREAS, the entire community benefits when development is relatively consistent and predictable, and has clearly written and published standards; and WHEREAS, the General Plan and Downtown Urban Design Guidelines represent a consensus developed over several years and by parties representing many diverse interests, NOW, THEREFORE, BE IT RESOLVED THAT: The Historic Tennis Club Neighborhood Organization opposes any project or any Planned Development District that exceeds the densities or height limits, or provides reduced setbacks, open space, or number of parking spaces than is required by the current zoning ordinance and Downtown Urban Design Guidelines. 02/12/2008 13:43 1760322E937 PMR SALES PAGE 02/02 .lTY OF PAL. J SpRIt,ls' BLAIR & JASON MILLAR 2006FEB 19 AH Oa: 34 :AhES THIOr'Pscrj CITY CLERK' February 12, 2008 Palm Springs City Council City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 To the Members of City Council: We are residents of the Historic Tennis Club Neighborhood for 30 plus years, and we currently are living on South Pablo Drive. I understand recently the Board of Directors endorsed the renovation of the Palm Mountain Resort & laier changed their mind and reconsidered their support. We were amazed a Board of Directors could support one day and not support a week later when in fact the project did not change. We are also disappointed that they did not continue to support, We believe strongly that the Palm Mountain Resort does need the renovating that the owner is proposing, Please know the Palm Mountain Resort does have strong neighborhood support, Sincerely, v 4 Blair & Ja iillar a/.z 0/0, r $71 S. PABLO DR. PALM SPRINGS, CA • 92262 • PHONE: 760-325 2873- p �1 C14 , C�T1' OF PAL"rl SP�+r�"` 2a�a i B 19 All l0, 22 �1� IAiCITY �9�iP5� {. 7 cc � ©1 4CvmefS& 1' 1c11Ia6CHS '•i.nwwrm ' On j .vr • -i. •�."iY.r'd..a, {Y r i . Oi•. ]E"�: 1y.' .ru February 15, 2008 Dear Palm Springs City Council: ShoPS (Small Hotels of Palm Springs, Inc.) currently has 26 contributing members made up of owners and/or managers operating small independent hotels within the city of Palm Springs— many of whom have properties located in the Historic Tennis Club District. It has been successfully marketing these businesses for four years. On February 12"' it's board invited Tim Ellis, General Manager of the Palm Mountain resort, to give a presentation of the resort's improvement and expansion plans. After a lengthy discussion the board decided unanimously to issue the following statement: "We are generally supportive of the applicant's interest in improving its property and upgrading its product. We do, however, have some fairly significant concerns about the parking plan—especially considering that parking in the neighborhood is already a huge problem." The ShoPS Board Sincerely, Craig Blau, President Small Hotels of Palm Springs 0116TOT- TN 56 the ultimate palm springs modern experience J11'=t CLEV. Cli n ti &17� 0�9 orbifin.com mailCor6ilin,can 562 w arenas �}'W-'+�-Q-/>t — ��+--fi'. 7.._�`` palm springs,ca 92262 phone(760)323-3585 fax(760)323-3599 Loll Free(877(99.ar6i1 � A n ` � (1-877-996-7248) (� Page 1 of 1 Kathie Hart From: Martha Edgmon Sent: February 20, 2008 9:57 AM To: Kathie Hart Subject: FW Palm Mountain Resort Martha[dgmon Lxccutivc Assistant,/V�ayor Council TAG(760)323.a200 )'ax(7v+0)523.6282 martha.cdgmon@PdlmsPrings-c.�gnv From: Craigmps@aol.com [mailto:Craigmps@aol.com] Sent: Wednesday, February 20, 2008 10:06 AM To: Steve.Pougnet@palmsprings-ca.gov; rick.hutcheson@palmsprings-ca.gov; lee.weigel@palmsprings-ca.gov; ginny.fQat@palmsprings-ca.gov; chris.mills@palmsprings-ca.gov Cc: Martha.Edgmon@palmsprings-ca.gov Subject: Palm Mountain Resort Dear Mr. Mayor and Council Members: Since I am unable to attend the meeting tonight and speak on behalf of Palm Mountain Resort, I would appreciate the opportunity to voice my opinion via email. I've attended several presentations regarding the property's renovation and believe that it is a project that should move forward. Objections to the project were met with solutions by Palm Mountain The property is ready to begin the project, has the money to do so and in fact is anxious to begin work almost immediately so as to have the additional rooms and renovations completed quickly. It is my understanding that the impact on downtown will be significant in that the hotel, when renovations are complete, will bring an additional 40,000 people into the area — people with shopping and dining high on their list of priorities for their visit. It is also my understanding that parking is at issue and that has also been addressed by the hotel as off-site parking is available for coaches, if necessary. As a former business owner(and resident since 1963), 1 admire, respect and applaud those who risk their money by investing in our city even, especially, during difficult times. I encourage you to approve this project and help them to help us move in the right direction Sincerely, Marcia Craig Delicious ideas to please the pickiest eaters, watch the video on AOL Living 02/20/08 r ?PAM S,* -y a ti 0 U N z i 7 ry Dlnoyyfev`yM �x C'Q41FORa�P CITY COUNCIL STAFF REPORT m 0 DATE: Gd'z—nt-1UE:D PUBLIC HEARING Ta ;�2/Za/2008 SUBJECT: CASE 5.1162 GPA, A GENERAL PLAN MAP AMENDMENT AND CASE 5.1162 PD342, A PLANNED DEVELOPMENT DISTRICT FOR THE REDEVELOPMENT OF THE EXISTING PALM MOUNTAIN RESORT rn AND SPA ON A 2.77-ACRE SITE AT 155 SOUTH BELARDO ROAD. C FROM: David H. Ready, City Manager m BY: Director of Planning Services r O SUMMARY The City Council will consider a proposal for a General Plan Amendment to amend the existing designation from "Small Hotel Resort Commercial" to "Central Business District M — Downtown Central Core," permitting a density of up to 70 hotel units per acre. The proposal also include a request to redevelop the Palm Mountain Resort and Spa from its current 120 rooms with 13,500 square feet of public restaurant/nightclub space to —� 188 rooms with approximately 1,200 square feet of meeting room space, a new swimming pool, administrative support areas, and 1,500 square feet of kitchen and food service space to serve hotel guests only. RECOMMENDATION 1. Open the public hearing and receive public testimony. IIA 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED X NEGATIVE DECLARATION, APPROVING CASE NUMBER 5.1162-GPA; THEREBY AMENDING THE GENERAL PLAN FROM THE EXISTING 0 DESIGNATION OF SMALL HOTEL RESORT COMMERCIAL TO CENTRAL BUSINESS DISTRICT — DOWNTOWN CORE, AND APPROVING PRELIMINARY DEVELOPMENT PLANS FOR CASE NUMBER 5.1162 PD342 FOR A PLANNED DEVELOPMENT DISTRICT TO REDEVELOP THE PALM MOUNTAIN RESORT AND SPA ON 2.77 ACRES AT 155 SOUTH BELARDO ROAD." Item 1 . C . City Council Staff Report February 6,2008 Case:5.1159 PD340,TTM 34729 Page 2 of 3 PRIOR ACTIONS Ma On October 10, 2007, the Architectural Advisory Committee (AAC) reviewed the project r on a preliminary basis for basic massing and site design. The consensus of the a Committee was that the proposed renovation is consistent with the existing development. The Committee passed the motion to forward the preliminary plans to the Z Planning Commission for its consideration. The plans will be resubmitted to the AAC for Z review of final development plans at a later date. M On November 28, 2007, the Planning Commission reviewed the project and continued v the item, requesting clarifications and revisions in regards to parking, height and density. In response, the applicant revised the project and the item was granted preliminary architectural approval and was recommended for approval to the Council at the Commission's January 9, 2008 regular meeting. v STAFF ANALYSIS m The project would eliminate the existing restaurant and nightclub and construct 68 C additional hotel rooms and a small restaurant facility for hotel guests only. Three m existing buildings would remain; two 2-story buildings would be demolished and replaced with two 3-story buildings that would provide the additional 68 hotel rooms. r 0 Redevelopment of the site would be regulated by the adoption of a proposed Planned Development District that sets development standards for the project. The General Plan Amendment would amend the site's General Plan designation from "Small Hotel Resort Commercial" to "Central Business District — Downtown Central M Core," permitting a density of up to 70 hotel units per acre. Z Off-street parking would be increased from 82 spaces to 115 spaces. The Palm Springs Zoning Code (PSZC) requires 164 parking spaces for the proposed project. The applicant requested and the Planning Commission recommended credit for 24 spaces for the historic use of tour buses. The Planning Commission further recommended that the applicant pay for 15 additional spaces through the City's in lieu fee program for tJ downtown parking (15 spaces @ $12,000/space = $180,000). _ Detailed analysis of the project is provided in the attached Planning Commission Staff Reports dated November 28, 2007 and January 9, 2008. Findings in support of ^-I approving the proposed project are included in the attached Draft Resolution and Ordinance. Staff and the Planning Commission have reviewed this project under the provisions of n the California Environmental Quality Act (CEQA) and determined that after the inclusion of specific mitigation measures contained in the Mitigated Negative Declaration, the project will not have a significant adverse effect on the environment. 000092 City Council Staff Report February 6,2006 Case.5.1159 PD340.7rM 34729 Page 3 of 3 Fiscal Impact: M The project will have a beneficial fiscal impact through 1) collection of additional r transient occupancy tax revenues from the additional 68 hotel rooms, and 2) collection a of in-lieu parking fees (15 spaces @ $12,000lspace = $180,000). Z Z m ra' A_fi ring, AIC/ Thomas Wilso6 Dir r of Plannir 9 Services Assistant City Lager v m David H. Ready, City er C m Attachments: r 0 1. Vicinity Map 2. Draft Resolution 3. Draft Conditions of Approval 4. Planning Commission Minutes dated January 9, 2008 (Excerpt) 5. Planning Commission Staff Report & Resolution dated January 9, 2008 M 6. Planning Commission Minutes dated November 28, 2007 (Excerpt) Z 7. Planning Commission Staff Report & Resolution dated November 28, 2007 8. Environmental Initial Study & Mitigated Negative Declaration 9. Mitigation Monitoring and Reporting Program 10. Site Plan 11. Site Crass-Sections v n 090603 O,,ALAI N,f ti Department of Planning Services _ Vicinity Map w+E ^ rH[ F�RT,P S Legend C, N ICI Q 400 O III........_JJJ AMADO P.D Project J Project Site J M U ANDRE AS RD W �( w TAHOUITZ DR o d / Z J O V Z Z W V W Z J d qqJ � O V a I � —N ARENAS RD ARENAS RD � of �-- 0 z o U z z —o a c) U w v BARISTO RD a t7�F z PANDAVVy j — SATURNINORD 77-11 CITY OF PALM SPRINGS CASE NO: 5.1162 PD342 DESCRIPTION: To consider an application for a 5.1162 CPA Planned Development District to renovate the Palm Mountain Resort and Spa from a 120-room hotel to APPLICANT: Palm Mountain Resort, a 188-room hotel located at 155 South Belardo LP Road, zone R3. APN: 513-142-001. DDDDu< RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING CASE NUMBER 5.1162-GPA; THEREBY AMENDING THE GENERAL PLAN FROM THE EXISTING DESIGNATION OF SMALL HOTEL RESORT COMMERCIAL TO CENTRAL BUSINESS DISTRICT — DOWNTOWN CORE, AND APPROVING PRELIMINARY DEVELOPMENT PLANS FOR CASE NUMBER 5.1162 PD342 FOR A PLANNED DEVELOPMENT DISTRICT TO REDEVELOP THE PALM MOUNTAIN RESORT AND SPA ON 2.77 ACRES AT 155 SOUTH BELARDO ROAD. WHEREAS, the Applicant has filed an application with the City pursuant to Section 94.03.00 of the Palm Springs Zoning Code for a General Plan Amendment and the establishment of a Planned Development District; and WHEREAS, at its regular meeting of January 9, 2008, the Planning Commission recommended approval of Case Numbers 5.1162-GPA and 5.1162 PD342 to the City Council, WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Numbers 5.1162-GPA and 5.1162 PD342, Planned Development District 342, was given in accordance with applicable law; and WHEREAS, on February 6, 2008, a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA°), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff reports, environmental documentation, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Environmental Analysis City Council Resolution February 6, 2008 Case 5.1162 GPA, 5,1162 P0342 Page 2 of 4 A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The Planning Commission independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. A Mitigation Monitoring and Reporting Program (MMRP) has been developed as required by CEQA. Section 2: Planned Development District Section 94.03.00(B) of the Palm Springs Zoning Ordinance states that the Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plans for the PDD are in conformity with the required findings and conditions set forth in Section 94.02.00 (Conditional Use Permit), the General Plan and sound community development. Findings are hereby made in support of establishing the proposed Planned Development District as follows: 1. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00(A)(1) and 94.02.00(A)(4) of the Palm Springs Zoning Code. The proposed land uses of hotel rooms and ancillary facilities serving the hotel guests are in conformity with the General Plan Amendment proposed as part of this action and sound community development. The increase in hotel rooms promotes economic development for the City in its endeavors to encourage tourist development while the elimination of the restaurant and nightclub will reduce negative noise and nuisance impacts on the surrounding community. 2. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed land uses are deemed to be desirable for the public welfare and convenience and is in conformity with the General Plan and its objectives, and are authorized by the Zoning Code. The major existing use on the subject site is a hotel. Under the Planned Development District, the proposed project expands the number of hotel rooms while eliminating the public restaurant and nightclub. City Council Resolution February 6, 2008 Case 5.1162 GPA, 5.1162 PD342 Page 3 of 4 Existing land uses in the vicinity include other hotel developments, a proposed hotel development on an existing vacant lot, as well as retail, restaurant, and service uses in the Central Business District. 3. The site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The proposed development is similar to the character and design of the existing development on the site. The size of the site is adequate to accommodate the proposed uses within the Downtown Central Core designation. Landscaping, wall and setbacks are the same or greater as the existing facility. The 2.77-acre site adequately accommodates the additional hotel rooms while providing parking, setbacks and site amenities and increasing open space. Adjacent uses in the neighborhood include other existing hotels and a proposed hotel on the vacant lot on the west side of Cahuilla. 4. 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 subject site is currently developed and has an established street network adequately servicing the site. The basic street system remains unchanged. The traffic study prepared for the proposed development concludes that traffic generation will decrease due to the elimination of restaurant uses, and that levels of service operation will be sufficient to carry the traffic to be generated, 5. The conditions to be imposed and shown on the approved site plan, and other conditions of approval attached, are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards under the Planned Development District. The conditions imposed on the approved site plan include the elimination of the existing land use of a public restaurant and nightclub which have previously shown to increase traffic generation, parking demand and the generation of noise impacts on the surrounding neighborhood. Conditions related to the provision of a Specific Parking Plan are designed to protect the safety and general welfare of the neighborhood to assure that the increase in hotel units does not adversely impact the adjacent areas. 00603 ? City Council Resolution February 6, 2008 Case 5.1162 GPA, 5.1162 PD342 Page 4 of 4 Per Section 94.03.00(C) of the Palm Springs Zoning Ordinance, the following development standards are appropriate to the orderly development of the site: PD342 Develo ment Standards Lot area 120,537 s . ft. Densi 641 s . ft. of lot area eer room Height Not greater than 32.5 feet Setbacks Front: Tahquitz Canyon 21' -- per site plan Side Yard: Belardo 25' — per site plan Side Yard: Cahuilla 25' — per site plan Rear Yard: 63'9"-from Chase Hotel per site plan Required open ace 55% Parking Subject to a Specific Parking Plan NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council adopts a Mitigated Negative Declaration; approves Case Number 5.1162-GPA, thereby amends the General Plan from the existing designation of Small Hotel Resort Commercial to Central Business District-Downtown Core, and approves preliminary development plans for Case 5.1162 PD342, Planned Development District 342, subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED this 61h day of February, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk EXHIBIT A Case 5.1162 PD342 Case 5.1162 GPA Palm Mountain Resort and Spa 155 South Belardo Road CONDITIONS OF APPROVAL February 6, 2008 1. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, and the Fire Chief, or their respective designee, depending on which department recommended the condition. 2. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney, PROJECT SPECIFIC CONDITIONS 3. On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla Road. On-site bus parking shall be prohibited. Upon delivery of bus passengers, buses shall be parked at an off-site location, outside the Central Business District and the Historic Tennis Club Neighborhood. 4. Prior to the issuance of building permits, the applicant shall pay in-lieu parking fees to the City of Palm Springs for 15 spaces. The in-lieu fee per parking space shall be the most current fee required of projects within the Central Business District (CBD) zoning district. Administrative 5. 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. 6. 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 p®'uf' 0u11 Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 2 of 14 officers concerning Case 5.1162 PD342 and Case 5.1162 GPA. The City of Palm Springs will promptly notify the applicant of such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 7. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements, including and without limitation, sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 8. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. Environmental Assessment 0. The mitigation measures of the Initial Study and subsequent Mitigated Negative Declaration shall apply to the proposed project. The applicant shall submit a signed agreement that the mitigation measures will be included in the Planning Commission consideration of the environmental 6a00". 0 Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 3 of 14 assessment. Mitigation measures are included in the Initial Study and the Mitigated Negative Declaration, and hereby incorporated into these conditions by reference. 10, The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developer's operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Service, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right-of-way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12. The final development plans shall be submitted in accordance with Section 9403.00 of the zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 13. Prior to the issuance of building permits, the applicant shall submit an exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, for review and approval by the Director of Planning Services. a. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. b. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 4 of 14 General Conditions/Code Requirements 14. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 15. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped- IT 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 the issuance of building permits. 18. All materials on the flat portions of the roofs shall be earth tone in color. 19. All roof-mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 20. No exterior downspouts shall be permitted on any fagade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 21. Perimeter walls, if proposed, shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 22. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 23. The street address numbering/lettering shall not exceed eight inches in height. Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 5 of 14 24. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1002 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 25. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building(s). 26. The architecture for the new buildings shall be submitted to the Architectural Advisory Committee (AAC) for review and approval prior to Final Planned Development approval. 27. The final landscaping plan and plant palette shall be submitted to the AAC for review prior to approval of the Final Planned Development permit. Building and Fire Departments 27. Permits: Prior to any construction on-site, all appropriate permits must be secured. 28, Plot Plan: Prior to completion of the project, an 8.5x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel location, sprinkler riser and fire alarm locations. Large projects may require more than one page. 29. Radio Communications: The applicant must install an in-building Public Safety Radio Communications Coverage System composed of a radiating cable system or an internal multiple antenna system with FCC-certified bi- directional 800 MHz and 150 MHz (as required to meet the two indicated 150 MHz frequencies) amplifier(s), distribution system, and subcomponents shall be required for all buildings in excess of three stories, or has subterranean floors, or subterranean parking. This system must meet the City of Palm Springs Public Safety Radio System Coverage Specifications. 30. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 31. Audible Water Flow Alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building(s) in approved locations. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building(s) in a normally occupied location. (904.3.2.CBC.) Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 6 of 14 32. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous materials or liquid releases. 33. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760 323-8186 for a KNOX application form. 34. Residential Smoke Detector Installation with Fire Sprinklers: Provide Residential Smoke Detectors (FIREX #0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch). Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2.2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 35. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. CFC 902.2.1 36. Mid Rise/High Rise: High-rise and mid-rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or more than 35 feet (10,668 mm) from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. 37. Fire Extinguisher Requirements: The applicant/hotel operator shall provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans (1002.1 CFC). Extinguishers shall be mounted in a visible, accessible location no more than 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 38, Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 39. Water Supply: The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 7 of 14 40. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24, 1995 Edition. Prior to final approval of the installation, the applicant's contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department, (9-2.1 NFPA 24, 195 Edition). 41 Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'0". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 42. Knox (emergency access) Key Switch: A Knox key operated switch hall be installed at every automatic gate, if provided. Show any such switch locations on plans. Show requirement in plan notes. 43. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for use by the City of Palm Springs Fire Department. 44. Building or Complex Cate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323- 8186 for a Knox application form, (902.4 CFC) 45, Ventilating Hood & Duct System: A ventilating hood and duct system shall be provided for commercial-type food heat-processing equipment that produces grease-laden vapors. (1005.1 CFC) 46. Fire Extinguishing System Required: Approved automatic fire extinguishing systems shall be provided for the protection of commercial type cooking equipment. (1005.2.1 CFC) 47. Fire Flow: Recommend that the hydrant system be evaluated by applicant to ensure that required fire flow is met. Police Department 48. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 8 of 14 Engineering Department: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 49. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. TAHOUITZ CANYON WAY 50. All broken or off grade street improvements shall be repaired or replaced. BELARDO ROAD 51. Dedicate an additional right-of-way for a property line - corner cut-back at the southwest corner of the intersection of Belardo Road and Tahquitz Canyon Way, in accordance with the proposed new curb ramp and City of Palm Springs Standard Drawing No. 105. 52. Remove the existing asphalt concrete pavement within the bay parking area as necessary to construct a bay parking driveway approach to accommodate bay parking stalls along the Belardo Road frontage in accordance with City of Palm Springs Standard Drawing No. 201. Bay parking stalls shall be located completely on-site, behind sidewalk, and not within public right-of-way_ 53. Remove the existing asphalt concrete pavement within the bay parking areas and replace with decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e. 54. All broken or off grade street improvements shall be repaired or replaced. CAHUILLA ROAD 55. Dedicate an additional right-of-way for a property line - corner cut-back at the southeast corner of the intersection of Cahuilla Road and Tahquitz Canyon Way, in accordance with the proposed new curb ramp and City of Palm Springs Standard Drawing No. 105. 56. Remove the existing driveway approaches along the bay parking area as necessary to construct a bay parking driveway approach to accommodate bay parking stalls along the Cahuilla Road frontage in accordance with Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 9 of 14 City of Palm Springs Standard Drawing No. 201. Bay parking stalls shall be located completely on-site, behind sidewalk, and not within public right- of-way. 57. Remove the existing asphalt concrete pavement within the bay parking areas and replace with decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e, 58. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 59. All sanitary facilities shall be connected to the public sewer system. GRADING 60. Submit a Precise Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at wvvw.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading Plan. The first submittal of the Precise Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the Water Quality Management Plan. Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 10 of 14 61. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-699-6907), or the Tribal Archaeologist, Patty Tuck (760-699-6907), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 62. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 63. A Notice of Intent to Comply with Statewide General Construction Stormwater Permit (Water Quality Order 99-08-DWQ as modified December 2, 2002) is required for the proposed development via the California Regional Water Quality Control Board (Phone No. 760-346- 7491). A copy of the executed letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit. 64, In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 65. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 66. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is 00o9�a Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 11 of 14 located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 67. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer. 68. A Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent public streets or property is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading Plan. GENERAL 69. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 12 of 14 condition equal to or better than existed prior to construction of the proposed development. 70. On phases or elements of construction following initial site grading (e.g_, sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Aqua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 71. All proposed utility lines shall be installed underground. 72. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on- site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the frontage of the property adjacent to Cahuilla Road meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. _ D�.IOD2t? Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 13 of 14 73. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 74. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 75. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 76. Nothing shall be constructed or planted in the corner cutoff area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs zoning Code Section 93.02.00, D. 77_ All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP 78. The property identified by Assessor's Parcel Number 513-142-001, consisting of parcels identified as Lots 1 through 16, 23 through 28, of Block 15; and the easterly 8 feet of Cahuilla Road (vacated) adjacent to Lots 1, and 23 through 28 of Block 15, of the Map of Palm Springs, Map Book 9, Page 432, (records of San Diego County), shall be merged. An application for a parcel merger shall be submitted to the Engineering Division for review and approval. A copy of a current title report and copies of record documents shall be submitted with the application for the parcel merger. The application shall be submitted to and approved by the City Engineer prior to issuance of a building permit. TRAFFIC 79. The existing on-street parking restriction on the south side of Tahquitz Canyon Way extending 40 feet west of Belardo Road shall remain. On- street parking shall be prohibited on the south side of Tahquitz Canyon Conditions of Approval February 6, 2008 Case 5.1162 PD342, 5.1162 GPA Page 14 of 14 Way extending west of Belardo Road, as necessary to provide minimum required sight distance for northbound vehicles approaching the Tahquitz Canyon Way and Belardo Road intersection, as required by the City Engineer. 80. A minimum of 48 inches of clearance For handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. 81. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 2006, or subsequent additions in force at the time of construction. END OF CONDITIONS RESOLUTION NO. 7101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY DEVELOPMENT -PLANS FOR CASE NO- 5.1162-PD342 AND RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF PRELIMINARY DEVELOPMENT PLANS FOR CASE 5.1162 PD342 AND APPROVAL OF CASE 5.1162 GPA TO THE CITY COUNCIL FOR THE PALM MOUNTAIN RESORT AND SPA LOCATED AT 155 SOUTH BELARDO ROAD, ZONE R3, SECTION 15. WHEREAS, Palm Mountain Resort, L.P. (Applicant) has filed an application with the City pursuant to Government Code 65350 et seg for a General Plan Amendment; and WHEREAS, the Applicant has filed an application with the City pursuant to Section 94.03.00 of the Palm Springs Zoning Code for the establishment of a Planned Development District; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1162 PD342, a General Plan Amendment and Planned Development District 342, was given in accordance with applicable law; and WHEREAS, on January 9, 2008, a public hearing on the applications was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (°CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff reports, environmental documentation, and all written and oral testimony presented, - 0000213 Planning Commission Resolution of Approval January 23, 2008 Case No. 5.1162 PD342 Page 2 of 5 THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Environmental Analysis A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The Planning Commission independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the Planning Commission's independent judgment and analysis. A Mitigation Monitoring and Reporting Program (MMRP) has been developed as required by CEQA. Section 2: General Plan Amendment The Planning Department has studied the proposed General Plan Amendment, a mapping change from Small Hotel Resort Commercial to Central Business District(Downtown Central Core), and reports the following findings: The proposed General Plan Amendment is to change the classification of the site from Small Hotel — Resort Commercial to Central Business District (Downtown Central Core) is a reasonable and appropriate extension of the adjacent Central Business District (Downtown Central Core) for a hotel development whose guests utilize the restaurants, retail services and service facilities of the downtown area and is consistent with the Central Business District land use classification. The amendment also serves the City's interest in economic development activity by increasing the number of hotel units to serve guests who shop and dine in the Central Business District. Section 3: Planned Development District Section 94.03.00(B) of the Palm Springs Zoning Ordinance states that the Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plans for the PDD are in conformity with the required findings and conditions set forth in Section 94.02.00 (Conditional Use Permit), the General Plan and sound community development. Findings are hereby made in support of establishing the proposed Planned Development District as follows: 1. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00(A)(1) and 94.02.00(A)(4) of the Palm Sprngs zoning Code. 000024i Planning Commission Resolution of Approval January 23, 2008 Case No. 5.1162 PD342 Page 3 of 5 The proposed land uses of hotel rooms and ancillary facilities serving the hotel guests are in conformity with the General Plan Amendment proposed as part of this action and sound community development. The increase in hotel rooms promotes economic development for the City in its endeavors to encourage tourist development while the elimination of the restaurant and nightclub will reduce negative noise and nuisance impacts on the surrounding community. 2. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed land uses are deemed to be desirable for the public welfare and convenience and is in conformity with the General Plan and its objectives, and are authorized by the Zoning Code. The major existing use on the subject site is a hotel. Under the Planned Development District, the proposed project expands the number of hotel rooms while eliminating the public restaurant and nightclub. Existing land uses in the vicinity include other hotel developments, a proposed hotel development on an existing vacant lot, as well as retail, restaurant, and service uses in the Central Business District. 3. The site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The proposed development is similar to the character and design of the existing development on the site. The size of the site is adequate to accommodate the proposed uses within the Downtown Central Core designation. Landscaping, wall and setbacks are the same or greater as the existing facility. The 2.77-acre site adequately accommodates the additional hotel rooms while providing parking, setbacks and site amenities and increasing open space_ Adjacent uses in the neighborhood include other existing hotels and a proposed hotel on the vacant lot on the west side of Cahuilla. 4. 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 subject site is currently developed and has an established street network adequately servicing the site. The basic street system remains 0oa©25T Planning Commission Resolution of Approval January 23, 2008 Case No. 5,1162 PD342 Page 4 of 5 unchanged. The traffic study prepared for the proposed development concludes that traffic generation will decrease due to the elimination of restaurant uses, and that levels of service operation will be sufficient to carry the traffic to be generated. 5. The conditions to be imposed and shown on the approved site plan, and other conditions of approval attached, are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards under the Planned Development District. The conditions imposed on the approved site plan include the elimination of the existing land use of a public restaurant and nightclub which have previously shown to increase traffic generation, parking demand and the generation of noise impacts on the surrounding neighborhood. Conditions related to the provision of a Specific Parking Plan are designed to protect the safety and general welfare of the neighborhood to assure that the increase in hotel units does not adversely impact the adjacent areas. Per Section 94.03.00(C) of the Palm Springs Zoning Ordinance, the following development standards are appropriate to the orderly development of the site: PD3A2 Development Standards Lot area 120,537 sq. ft. Density 641 s . ft. of lot area per room Height Not greater than 32.5 feet Setbacks Front: Tahquitz Canyon 21' — per site plan Side Yard: Belardo 25' — per site plan Side Yard: Cahuilla 25' — per site plan Rear Yard: 63'9"-from Chase Hotel ptLEite Ian Required open space 550yc Parking Subject to a Specific Parking Plan ©d�02m Planning Commission Resolution of Approval January 23, 2008 Case No, 5.1162 PD342 Page 5 of 5 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission adopts a Mitigated Negative Declaration and approves preliminary development plans for Case 5.1162 PD342, Planned Development District 342, subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution and recommends adoption of a Mitigated Negative Declaration and approval of preliminary development plans for Case 5.1162 PD342, Planned Development District 342, and recommends approval of Case 5.1162 GPA, a General Plan Amendment, to the City Council subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED this 23`d day of January, 2008. AYES: 5, Ringlein, Hochanadel, Marantz, Cohen and Caffery NOES: 1, Scott ABSENT: None. ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA I ing, AJW Dir&Qturof Plan ng Services 000027 EXHIBIT A Case 5.1162 - PD342 & Case 5.1162 GPA Palm Mountain Resort and Spa 155 South Belardo Road Palm Springs CONDITIONS OF APPROVAL January 23, 2008 1. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, and the Fire Chief, or their respective designee, depending on which department recommended the condition. 2. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS 3. On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla Road. On-site bus parking shall be prohibited. Upon delivery of bus passengers, buses shall be parked at an off-site location, outside the Central Business District and the Historic Tennis Club Neighborhood. 4. Prior to the issuance of building permits, the applicant shall pay in-lieu parking fees to the City of Palm Springs for 15 spaces. The in-lieu fee per parking space shall be the most current fee required of projects within the Central Business District (CBD) zoning district. Administrative 5. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Cade, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 6. 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 5.1162 PD342 and Case 5.1162 GPA, The City Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 2 of 14 of Palm Springs will promptly notify the applicant of such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter fallowing an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 7. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements, including and without limitation, sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City- a. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee, In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. Environmental Assessment 9. The mitigation measures of the Initial Study and subsequent Mitigated Negative Declaration shall apply to the proposed project. The applicant shall submit a signed agreement that the mitigation measures will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are included in the Initial Study and the Page 2of14 Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 3 of 14 Mitigated Negative Declaration, and hereby incorporated into these conditions by reference. 10. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developer's operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Service, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right-of-way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 13. Prior to the issuance of building permits, the applicant shall submit an exterior lighting plan in accordance with Zoning Ordinance Section 9321.00, Outdoor Lighting Standards, for review and approval by the Director of Planning Services. a. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit- b. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Page 3of14 DO®��L) Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 4 of 14 General Conditions/Code Requirements 14. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 15. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17. 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 the issuance of building permits. 18. All materials on the flat portions of the roofs shall be earth tone in color. 19. All roof-mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 20. No exterior downspouts shall be permitted on any fagade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 21. Perimeter walls, if proposed, shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93,02.00.D. 22. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 23. The street address numbering/lettering shall not exceed eight inches in height. Page 4of14 ����� Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 5 of 14 24, Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 25. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building(s). 26. The architecture for the new buildings shall be submitted to the Architectural Advisory Committee (AAC) for review and approval prior to Final Planned Development approval. 27. The final landscaping plan and plant palette shall be submitted to the AAC for review prior to approval of the Final Planned Development permit. Building and Fire Departments 27, Permits: Prior to any construction on-site, all appropriate permits must be secured. 28. Plot Plan: Prior to completion of the project, an 8.5"xl 1" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel location, sprinkler riser and fire alarm locations. Large projects may require more than one page. 29. Radio Communications: The applicant must install an in-building Public Safety Radio Communications Coverage System composed of a radiating cable system or an internal multiple antenna system with FCC-certified bi- directional 800 MHz and 150 MHz (as required to meet the two indicated 150 MHz frequencies) amplifier(s), distribution system, and subcomponents shall be required for all buildings in excess of three stories, or has subterranean floors, or subterranean parking. This system must meet the City of Palm Springs Public Safety Radio System Coverage Specifications. 30. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 31. Audible Water Flow Alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building(s) in approved locations. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building(s) in a normally occupied location. (904.3.2.CBC.) 0 0003 2 Page 5 of 14 Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 6 of 14 32. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous materials or liquid releases. 33. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760 323-8186 for a KNOX application form. 34. Residential Smoke Detector Installation with Fire Sprinklers: Provide Residential Smoke Detectors (FIRER#0498 accessary module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch). Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 35. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. CFC 9022.1 36. Mid Rise/High Rise: High-rise and mid-rise buildings shall be accessible on a minimum of two sides. Roadways shall not be'less than 10 feet (3048 mm) or more than 35 feet (10,668 mm) from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. 37. Fire Extinguisher Requirements: The applicant/hotel operator shall provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans (1002.1 CFC). Extinguishers shall be mounted in a visible, accessible location no more than 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 38. Fire Alarm System. Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 39, Water Supply: The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) 6 a 0 0 Page 6 of 14 Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 7 of 14 40. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24, 1995 Edition. Prior to final approval of the installation, the applicant's contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department, (9-2.1 NFPA 24, 195 Edition). 41 Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 42. Knox (emergency access) Key Switch: A Knox key operated switch hall be installed at every automatic gate, if provided. Show any such switch locations on plans. Show requirement in plan notes. 43. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for use by the City of Palm Springs Fire Department. 44. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade, Contact the Fire Department at 760-323- 8186 for a Knox application form, (902.4 CFC) 45, Ventilating Hood & Duct System: A ventilating hood and duct system shall be provided for commercial-type food heat-processing equipment that produces grease-laden vapors. (1005.1 CFC) 46. Fire Extinguishing System Required: Approved automatic fire extinguishing systems shall be provided for the protection of commercial type cooking equipment. (1005.2.1 CFC) 47. Fire Flow: Recommend that the hydrant system be evaluated by applicant to ensure that required fire flow is met. Police Department 48. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Page 7of14 Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 8 of 14 Engineering Department: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 49. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. TAHQUITZ CANYON WAY 50, All broken or off grade street improvements shall be repaired or replaced. BELARDO ROAD 51, Dedicate an additional right-of-way for a property line - corner cut-back at the southwest corner of the intersection of Belardo Road and Tahquitz Canyon Way, in accordance with the proposed new curb ramp and City of Palm Springs Standard Drawing No. 105. 52. Remove the existing asphalt concrete pavement within the bay parking area as necessary to construct a bay parking driveway approach to accommodate bay parking stalls along the Belardo Road frontage in accordance with City of Palm Springs Standard Drawing No. 201, Bay parking stalls shall be located completely on-site, behind sidewalk, and not within public right-of-way. 53. Remove the existing asphalt concrete pavement within the bay parking areas and replace with decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e. 54. All broken or off grade street improvements shall be repaired or replaced. CAMILLA ROAD 55. Dedicate an additional right-of-way for a property line - corner cut-back at the southeast corner of the intersection of Cahuilla Road and Tahquitz Canyon Way, in accordance with the proposed new curb ramp and City of Palm Springs Standard Drawing No. 105. 56, Remove the existing driveway approaches along the bay parking area as necessary to construct a bay parking driveway approach to accommodate bay parking stalls along the Cahuilla Road frontage in accordance with Page 8of14 00a035 Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 9 of 14 City of Palm Springs Standard Drawing No. 201. Bay parking stalls shall be located completely on-site, behind sidewalk, and not within public right- of-way. 57. Remove the existing asphalt concrete pavement within the bay parking areas and replace with decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e. 58. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 59. All sanitary facilities shall be connected to the public sewer system. GRADING 60. Submit a Precise Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading Plan. The first submittal of the Precise Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report, and a copy of the Water Quality Management Plan- Page 9 of 14 agog Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 10 of 14 61. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-699-6907), or the Tribal Archaeologist, Patty Tuck (760-699-6907), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 62. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 63. A Notice of Intent to Comply with Statewide General Construction Stormwater Permit (Water Quality Order 99-08-DWQ as modified December 2, 2002) is required for the proposed development via the California Regional Water Quality Control Board (Phone No. 760-346- 7491). A copy of the executed letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit. 64. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erasion/blowsand relating to this property and development. 65. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 66. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is Page 10of14 ©®D0S7 Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5,1162 GPA Page 11 of 14 located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 6T This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer. 68. A Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent public streets or property is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading Plan. GENERAL 69. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a Page 11 of14 ©�dnIs Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 12 of 14 condition equal to or better than existed prior to construction of the proposed development. 70. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Ague Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 71. All proposed utility lines shall be installed underground. 72. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on- site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the frontage of the property adjacent to Cahuilla Road meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. Page 12of14 Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 13 of 14 73. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 74. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 75. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 76. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 77. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904_ MAP 78. The property identified by Assessor's Parcel Number 513-142-001, consisting of parcels identified as Lots 1 through 16, 23 through 28, of Block 15; and the easterly 8 feet of Cahuilla Road (vacated) adjacent to Lots 1, and 23 through 28 of Block 15, of the Map of Palm Springs, Map Book 9, Page 432, (records of San Diego County), shall be merged. An application for a parcel merger shall be submitted to the Engineering Division for review and approval. A copy of a current title report and copies of record documents shall be submitted with the application for the parcel merger. The application shall be submitted to and approved by the City Engineer prior to issuance of a building permit. TRAFFIC 79. The existing on-street parking restriction on the south side of Tahquitz Canyon Way extending 40 feet west of Belardo Road shall remain. On- street parking shall be prohibited on the south side of Tahquitz Canyon Page 13of14 0090f±,l Conditions of Approval January 23, 2008 Case 5.1162 PD342, 5.1162 GPA Page 14 of 14 Way extending west of Belardo Road, as necessary to provide minimum required sight distance for northbound vehicles approaching the Tahquitz Canyon Way and Belardo Road intersection, as required by the City Engineer. 80. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. 81. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in _ accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 2006, or subsequent additions in force at the time of construction. END OF CONDITIONS Page 14 of 14 City of Palm Springs Planning Commission Minutes of January 9,2008 i PUBLIC HEARINGS: Case 5.1161 CUP-A(Gene Autry Plaza) - An application by D.R. West, L o end the existing Conditional Use Use Permit to allow rive- thr facility and construct approximately 6T,232 square of retail comma at the southeast tamer of Gene Autry Trail way 111) and Raman Rod one W-M�1, Section 20, APN: 680-17 (Project Planner: David A. Newel , sistant Planner) David A. Newell, Assistant PI r, provided ba cund information as outlined in the staff report dated January 9, 200 . Chair Marantz opened the Public, He -Jim Cioffi, Cioffi Architects, vided further det on the redesign of the project. There being no furt ppearances, the Public Hearing s closed. Chair Mar commented that the statue (public art featur n the comer of this intersec ' is a great addition to this project and the entire area. /C (ScotURinglein, 6-0) To approve, subject to Conditions of Approva . 5. Case 5.1162 PD 342 (Palm Mountain Resort and Spa) - An application by Palm Mountain Resort, LP, for a General Plan Amendment and Planned Development District to renovate an existing 120 room hotel to a 188 room hotel on an approximately 2.77-acre site located at 155 South Belardo Road, Zone R3, Section 15, APN 513-142-001. (Project Planner: Edward O. Robertson, Principal Planner) Lyn Calerdine, Contract Planner, provided background information as outlined in the staff report dated January 9, 2008. Mr. Calerdine noted a correction on page 4 of the resolution, the density should be 641 square feet not 625 squiare feet. Chair Marantz reopened the Public Hearing; -Tim Ellis, General Manager of Palm Mountain Resort, provided further details on the revisions made to the project pertaining to the reduction of hotel rooms, the elimination of on-site bus parking and the utilization of compact parking spaces, Aftab dada, General Manager of the Hilton Resort, emphasized the importance of having first class, quality rooms to attract conventions to the city. 4 Boa a�2 i City of Palm Springs Planning Commission Minutes of January!), 2008 (Public Hearing con'td) -Michael Estrada, on behalf of The Matchbox and The Falls, spoke in support of the project, stating he has no concerns with the issues of height and parking, sees no r gative impact to his business and the community. -Mark Farley, Palm Springs, spoke in support of the project, noting the important of having affordable rooms in the city- -Kathy Reed, Palm Springs, real estate owner, stated that all of her downtown clients (restaurants and stores) are excited to have additional rooms (tourist) within walking distance to their business. -Angelica Romero, Palm Springs, read a letter from Blair & Jason Millar and a letter from Lee Appel, stating their support of the project. -Jono Hildner, Palm Springs, suggested denial of the general plan amendment and compliance with the zoning ordinance. -Lauri Alayian, Palm Springs, on behalf of the HTCNO, stated that their endorsement is based upon that the applicant will provide valet parking for overflow parking and referred to the height and mass of the Palm Hotel. -Ini Ghidrun, Slovak Baron & Empey, addressed testimony relating to the Palm Hotel, emphasizing that these are two entirely different projects and this project should be weighed on its own merit. -Tracy Conrad, Palm Springs, concerned with the mass and height; recommended compliance with the zoning regulations. -Steve Simms, Palm Springs, stated concern with the compact parking; recommended compliance with the zoning regulations. - Lea Goodsell, Palm Springs, read a letter from Harold Matzner, stating his support of the project. -Dana Stewart and James McKinley, Palm Springs, voiced concern with approval of projects not in conformance with the General Plan; opposed to the density and height of the project. -Frank Tysen, Palm Springs, voiced concern with insufficient parking indicating the expansion should not violate parking and height restrictions- -Craig Blau, Palm Springs, owns the Chase Hotel, directly adjacent to the south, would like to see this project to move forward, however is concerned with the parking. -Allen Sanborn, Rancho Mirage, project engineers and architect, clarified that the project does meet the parking requirements and addressed the height reduction. - -Dave Johnston, Palm Springs, lives in the neighborhood and supports the project; noting the applicant's effort in complying with the city's requirements. -Tim Ellis, applicant, addressed testimony, provided further details on the application submittal in relation to the General Plan update. Mr. Ellis addressed the over-flow parking, neighborhood meetings, compact parking and the under-parking of the, adjacent neighbors- There being no further appearances, the Public Hearing was closed. 5 QQQ�r� City of Palm Springs Planning Commission Minutes of January 9,2008 Commissioner Caffery noted a concern with the deletion of the in-lieu parking fees. The Commission and staff further discussed the project's proposed on-site/off-site parking and the city's requirements. Commissioner Ringlein emphasized that we are a tourist community with a lack of rooms and stressed the importance for the City Council to initiate a master parking plan. MIS/C (Ringlein/1(MOTION FAILED DUE TO A LACK OF SECOND) To approve, the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended: *Revised Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla Road. Upon delivery of bus passengers, buses shall be parked at on off-site location outside of the downtown corridor. MOTION FAILED. Mr. Scott suggested an in-lieu parking fee for the 39 parking spaces or below-grade parking which would allow the increase of hotel rooms_ Mr_ Scott felt this is a great hotel location and encouraged the development but not to the detriment of the General Plan and the area. jCommissioner Caffery stated that the city does need the rooms and does not have a concern with the height and density of the project. However, he noted a concern with the 22 on-site parking spaces and suggested an in-lieu fee be applied to the remaining parking spaces. M/SIC (Ringlein/Caffery, 5-1/Scott) To approve the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended: *Eliminate the on-street parking and replace with in lieu fees for 17 parking spaces. *Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla Road. Upon delivery of bus passengers, buses shall be parked at an off-site location outside of the downtown corridor. *Direct staff to prepare a revised resolution and bring it back to the Commission_ A recess was taken at 3:05 p.m. The meeting resumed at 3:12 p.m. 6 0 0 a a 4 - f UZ ' CITY OF PALM SPRINGSDEPARTMENT OF PLANNING SERVICES Z MEMORANDUM z rn Date: January 9, 2008 To: Planning Commission From: Craig A. Ewing, AICP, Director of Planning Service5�_ 0 Subject: 5.1162 PD342 (Palm Mountain Resort and Spa) On November 28, 2007, the Planning Commission conducted a public hearing on the m above referenced project. At the hearing, the Commission requested additional information and/or expressed concern on the following issues- r • Height of the Project, particularly along Cahuilla Road 0 • Density of the Project • Bus Parking • Adequacy of Parking m In response to the Commission's concerns, the applicant has modified the proposal and Z provided additional information. This memo summarizes the revisions to the project and responds to the questions posed by the Commission. This item has been properly noticed and the Commission may re-open the continued public hearing, receive testimony, close the public comment section, and take action on the applications. Prior staff reports, exhibits and environmental documentation prepared for this project O have been distributed previously to the Planning Commission and are attached for reference. Cl) PROJECT DESCRIPTION The project consists of a General Plan Amendment to change the land use designation of the property from Small Hotel Resort Commercial to Central Business District (Downtown Central Core) and a Planned Development District application to renovate the existing Palm Mountain Resort and Spa located on an approximately 2.77-acre site at the southwest corner of Tahquitz Canyon Way and Belardo Road. The applicant, Palm Mountain Resort, LP (PMR), proposes the following key project components: • Demolishing the existing public restaurant and nightclub building on the site Q Planning Commission Memo January 9,2008 Case 5.1162 PD342(Palm Mountain Resort and Spa) Page 2 of 4 • Demolishing the existing two-story guest room building along Cahuilla Road • Increasing the number of guest rooms on the site from 120 to 188 by Constructing two new three-story guest buildings along Belardo Road and Cahuilla Road • Increasing the amount of open space on the site and providing an additional pool to n serve guests • Constructing replacement restaurant facilities limited to room and pool service Z • Increase parking spaces from 82 to 115 Z RECOMMENDATION rn O That the Planning Commission: • Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. C7 • Approve preliminary development plans for Case 5.1162 PD342, as conditioned. • Recommend that the City Council adopt a Mitigated Negative Declaration and M Mitigation Monitoring and Reporting Program. C • Recommend that the City Council approve preliminary development plans for m Case 5.1162 PD342, as conditioned. • Recommend that the City Council approve Case 5.1162 GPA, as conditioned. r ANALYSIS 0 711 Height of the Project: The applicant has revised the proposal to reduce the maximum height of the buildings from 35 feet to 32.5 feet; this height is less than the existing building along Tahquitz Canyon Way. Revised crass-sections are attached. Table 1 I•TI shows the revised development standards for the project. Building height is defined in Z the PSZC as the vertical height of the structure, measured from a point eighteen (18) inches above the average grade at the curb adjacent to the property_ Table 1 Comparison of Existing R-3 Development Standards and Proposed Planned Development District 342 Standards Standard R-3 Zoning Proposed Planned Develo ment District 342 Cn Lot area Minimum 20,000 sq. ft. 120,537 sq. ft. Density — hotels 1,000 sq. ft. of lot area per 641 sq, ft, of lot area per room (120 rooms) room (188 rooms) Height Not greater than 30 feet Not greater than 32.5 feet over a maximum of 50% of n all buildings Setbacks Front: Tahquitz Canyon 20 ft. — 35 ft. 21 ft. -- per site plan Side yard: Belardo 25 ft. 25 ft. — per site plan Planning Commission Memo January 9,2008 Case 5 1162 PI0342(Palm Mountain Resort and SPa) Page 3 of 4 Standard R-3 Zoning Proposed Planned Development District 342 Side yard: Cahuilla 25 ft. 25 ft. — per site plan r Rear yard: 10 ft. or equal to height of 63 ft. 9 in_ from Chase a Chase Hotel) building Hotel per site plan Required open space 40% 55% Parking 154 spaces required 115 spaces subject to a Z Specific Parking Plan M (See discussion below) D Density: The applicant has reduced the proposed number of hotel rooms from 193 to 188. However, this does not change the need for a General Plan Amendment that increases the allowed density to 70 units per acre, consistent with the adjacent Downtown Central Core. The proposed density is 68 dwelling units per acre. The property is on the edge of both the Downtown Central Core and Small Hotel Resort Commercial district in the historic Tennis Club neighborhood. Staff recommends m approval of the General Plan Amendment as a logical extension of the Downtown C Central Core. The project acts as a transition between the Downtown Central Core and the Small Hotel Resort Commercial designations. m 1" Bus Parking: Based upon the Commission's concern, the applicant no longer proposes O to reserve bus parking spaces along Belardo Road. Instead, the applicant will arrange bus parking at an off-site location such as Palm Springs International Airport. Condition ^U of Approval #3 prohibits on-site and on-street parking of buses. 9 Parking: The applicant has made several changes to the proposed parking program to M address the Commission's concerns regarding the adequacy of parking. These changes include the following: Z 1. The reduction in rooms has reduced the requirement for parking from 159 to 154 spaces. 2. The applicant has eliminated the on-site spa, further reducing the number of required parking spaces by two. v 3. The applicant has reconfigured the on-site parking to increase the number of parking spaces from 100 spaces to 115 spaces by: a. Expanding the managed parking area to increase the number of parking cn spaces from 16 to 20. --1 b. Increasing the number of overall spaces by designating certain spaces as compact. X 4. The elimination of the majority of the existing bay parking on Belardo Road creates three new on-street spaces, which the applicant proposes to add to the n "historic on-street parking" that is common in this area. Currently, 19 on-street parking spaces exist in the area. 5. With the implementation of the above changes, the applicant no longer requests administrative relief from the provision of parking spaces. In addition, the applicant no longer requires credit by paying for eight in-lieu parking spaces. 0000 ? Planning Commission Memo January 9 2008 Case 5 1162 P0342(Palm Mountain Resort and Spa) Page 4 of 4 As in the previous proposal, the applicant is requesting limited use of the on-street spaces adjacent to the project (consistent with the character of the neighborhood) and r credit for historic use of buses to transport guests to the hotel. Table 2 summarizes the n revised parking plan. Under the proposed Specific Parking Plan, the applicant meets the requirements of the PSZC. Z Table 2 Z Parking Requirements and Proposed Parking M Number of Spaces ❑ Re uired Parking S aces Per Zoning Cade 188 Rooms 154 Proposed Parking Spaces: Proposed on-site parking spaces (including compact and 115 managed spaces On-street parking historic and proposed) 22 ❑ Credit for use of tour bus access 15% of demand 24 m Total Spaces and Credits 161 C ENVIRONMENTAL ASSESSMENT Ill Pursuant to Section 15073.5 of the California Environmental Quality Act (CEQA) r Guidelines, the Mitigated Negative Declaration (MND) for this project did not need to be 0 re-circulated because no substantial revisions were required. NOTIFICATION No changes to the project or to Staffs analysis have occurred except as described in m this memo. A public hearing notice for this hearing was advertised and mailed to Z surrounding property owners. At the time of this writing Staff has not received inquiry or comment. No comments were received regarding the MND during the public review period. ATTACHMENTS: 1. Vicinity Map -- 2. Aerial Photo of Existing Site Conditions 3. Draft Resolution & Conditions of Approval 4. Revised Site Plan 5. Proposed Cross Sections ►X 6. Planning Commission Staff Report Case 61162, November 28, 2007 _.. 7. Mitigated Negative Declaration 8. Mitigation Monitoring and Reporting Program 9. Letter dated January 3, 2007, from Casa Cody --I Goo 23 City of Palm Springs Planning Commission Minutes of November 25,2007 Commissioner Scott requested staff address if this project would be built in phases_ David Hilliard, representing Palm Canyon 102, responded that the commercial project will be built all at once and addressed the outdoor seating area. M/S/C (Scott/Cohen, 6-0, 1 abstained/ Chair Marantz) To approve, as submitted. Chair Marantz re-entered the Council Chamber at 1:45 p.m. 4. Case SP 07-111 (Tahquitz Square) - An application by Best Signs, Inc., on behalf of Wessman Development Company, requesting a sign program for the multi-tenant commercial buildings located at 1700 East Tahquitz Canyon Way, Zone C-1-AA, Section 13, APN: 502-065-008 and 018. (Project Planner: David A- Newell, Assistant Planner) David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated November 28, 2007, Staff noted the existing signs will remain as is and any new signs will require conformance to the new sign program. The Commission discussed the requirements/prohibition of window signs and removal of signs. M/S/C (Scott/Cohen, 7-0) To approve, subject to Conditions of Approval. PUBLIC HEARINGS: 5. Case 5.1162 PD 342 (Palm Mountain Resort and Spa) - An application by Palm Mountain Resort, L.P., for a General Plan Amendment and Planned Development District to renovate an existing 120 room hotel to a 193 room hotel on an approximately 2.77-acre site located at 155 South Belardo Road, Zone R3, Section 15, APN 513-142-001. (project Planner. Edward 0. Robertson, Principal Planner) Lyn Calerdine, Contract Planner, provided background information as outlined in the staff report dated November 28, 2007_ Mr. Calerdine provided further details pertaining to the density, impacts to view, proposed height and the parking spaces_ Commissioner Caffery noted a concern with inadequate parking in the downtown area. Mr. Caffery felt that either an Administrative Modification or in-lieu fees should be applied towards this project, not both. I 3 O�tB�42 i City of Palm Springs Planning Commission Minutes of November 28,2007 Chair Marantz opened the Public Hearing: -Tim Ellis, General Manager for Palm Mountain Resort, provided further details regarding hotel rooms and the market, removal of the restaurant, mechanical equipment upgrade to low-efficiency, room count, Transient Occupancy Tax increase and hotel amenities. Mr. Ellis reported a neighborhood meeting was held to address their concerns. -Lea Goodsell, Palm Springs, read a letter from the Historic Tennis Club Neighborhood Organization, in support of the project with the exception of insufficient parking; and a letter from Spencer's restaurant, in support of the project- -Joy Meredith, president of Downtown Mainstreet Merchants Association, spoke in favor of the project and requested the downtown parking problems not be placed completely on this project. -Joao Hildner, Palm Springs, spoke in opposition of the project and encouraged revisions to height and parking concerns. -Bob Helbling, Palm Springs, suggested the applicant revise the plans to address the parking concerns. -Frank Tysen, Palm Springs, voiced concerns with impact of views to the neighboring hotel and insufficient parking; requested project be sent back for further studies and scaling down of the hotel. -Steve Simms, Palm Springs, voiced concern with enforcement of the existing zoning code; higher density and elimination of parking spaces- -Tamara Stevens, representing Palm Springs Economic Development Corporation, in support of renovation and upgrading of properties and will provide more specific comments to the City Council, upon further review of the project- -Tracy Conrad, Palm Springs, spoke in opposition of the project, voiced concern with rezoning of the project, insufficient parking spaces, density and height; suggested revisions be made to the project. -Craig Blaur, Chase Hotel, stated the biggest concern with this project is insufficient parking. -Heather Holendano, Palm Springs, spoke in support of the project, emphasized the benefits to the city will be increased revenue and business. -Gene Petrigallo, Palm Springs, business owner, spoke in support of the project; stated the hotel will provide great rates and requested approval of the project. -Joan Martin, Palm Springs, requested enforcement of the city requirements and suggested renovation of the hotel could be done by maintaining the same footprint and height, as well providing more parking. -Tim Ellis, General Manager, addressed public testimony, clarified that this project was not rejected by the Architectectural Advisory Committee, the tour-bus business will fill rooms on the weekends, and indicated that better value/quality rooms are needed in the downtown area. Mr. Ellis provided further details on the location for the bus parking. There being no further comments, the Public bearing was closed- 4 City of Palm springs Planning commission Minutes of November 28,2007 Commissioner Caffery reiterated his concern with insufficient parking spaces, as well as the additional parking spaces taken up by the tour buses. Chair Marantz expressed concern with the on-site parking for the tour buses which would take up 16 parking spaces on Belardo Road. Staff noted there is additional bus parking in the area of Museum Drive. Chair Marantz suggested a recommendation to impose bus parking on an off-site location. Commissioner Cohen concurred. The Commission further discussed the in-lieu parking fee, the parking requirements and on-site bus parking. Commissioner Scott stated he felt that the issue of density and height has been overlooked and is in favor a continuance. Commissioner Hutcheson was in agreement of a continuance so that the project could go back for revisions to meet the existing parking, height and zoning requirements. Commissioner Ringlein noted she is in favor of continuance and suggested imposing conditions to address off-site bus parking and valet tandem parking_ M/S!C (Scott/CaffM, 7-0) To continue to an undetermined date, for a restudy to allow for increased density, but not increased height, and meet parking requirements. A recess was taken at 3:15 p.m. The meeting resumed at 3:27 p.m. 6. Case 6.1153 CUP 13.3038 MAJ (Sunquitz Shopping Center) - An application by H&H Investments to construct a single story, 17,272 square feet retail building and a single story, 19,510 square feet office building on approximately 3.76 acres located at the southwest corner of Tahquitz Canyon Way and Sunrise Way, Zone RA, Section 14, APN 508-100-039. (Project Planner: Christopher Brown, Contract Planner) Commissioner Hutcheson stated his abstention and would not be participating in the discussion and vote. He left the Council Chamber at 3:28 p.m. Christopher Brown, Contract Planner, provided background information as outlined in the staff report dated November 28, 2007- Mr. Brown reported an error on engineering condition#72, Calle El Segundo should be changed to Sunrise Way. 5 r FpALMs V N z m�O°•axm �` Z � ,P Planninq Commission Staff Report m v Date: November 28, 2007 Case No. 5.1162 PD342 0 Application Type: General Plan Amendment m Planned Development District < Location: 155 South Belardo Road m r Applicant: Palm Mountain Resort, L.P. 0 11250 El Camino Real, Suite 100 San Diego, CA 92130 Zone: R-3 m General Plan: Small Hotel Resort Commercial Z APN: 513-142-001 --I From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward O. Robertson, Principal Planner 0 PROJECT DESCRIPTION (n The project consists of a General Plan Amendment to change the land use designation of the property from Small Hotel Resort Commercial to Central Business District _ (Downtown Central Core) and a Planned Development District application to renovate the existing Palm Mountain Resort and Spa located on an approximately 2.77-acre site n at the southwest corner of Tahquitz Canyon Way and Belardo Road. The applicant, Palm Mountain Resort, LP (PMR), proposes the following key project components: • Demolishing the existing public restaurant and nightclub building on the site • Demolishing the existing two-story guest room building along Cahuilla Road r n y d U e _ Planning Commission Staff Report November 28,2007 Case No.5.1162 Pp 842 Page 2 of 15 • Increasing the number of guest rooms on the site from 120 to 193 by constructing two new three-story guest buildings along Belardo Road and Cahuilla Road r • Increasing the amount of open space on the site and providing an additional pool n to serve guests • Constructing replacement restaurant facilities limited to room and pool service Z • Increase parking spaces from 82 to 100 Z RECOMMENDATIONS M That the Planning Commission: 1. Adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and recommend adoption of the MND and MMRP to v the City Council m 2. Approve Planned Development District 342 and recommend approval of Planned C Development District 342 to the City Council m 3. Recommend approval of the General Plan Amendment to the City Council r PRIOR ACTIONS TAKEN ON THE PROJECT O On October 10, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed site plan for basic massing and design. The consensus of the Committee was that the proposed site plan was a beneficial adaptive reuse of the site. The Committee m unanimously recommended approval of the project to the Planning Commission. Detailed architectural plans will be subsequently submitted to the AAC for final Z architectural review. BACKGROUND AND SETTING The existing Palm Mountain Resort and Spa is a 120-room hotel located on an approximately 2.77-acre fully developed site at the southwest corner of Tahquitz Canyon Way and Belardo Road. The project vicinity map is shown in Attachment 1 and the existing site development is shown on an aerial photo base in Attachment 2. Cn The project site is bounded by Tahquitz Canyon Way to the north, Cahuilla Road to the west, the Chase Hotel to the south, and Belardo Road to the east. �] The 55 year old facility includes 120 hotel rooms in three buildings paralleling Belardo Road, Tahquitz Canyon Way, and Cahuilla Road. In addition, the site includes a 13,500 square foot (sf) restaurantladministration building, containing an 11,000 sf restaurant —� and nightclub, a 1,050 sf spa area, and 1,450 sf of support facilities (administration, meeting rooms, etc.). 000073 Planning Commission Staff Report November 28,2007 Case N0.5 1162 PID 342 Page 3 of 15 Table 1 shows the surrounding land uses, General Plan designations and zoning. r Table 1 a Surrounding Land Uses, General Plan, Zoning Z Existing Land Use Zoning Map Designation General Plan Z Designation R-3 Ill Project 120-room hotel with Multiple-Family Small Hotel Resort O Site restaurant/nightclub Residential and Hotel Commercial Zone C-B-D C-B-D North Desert Fashion Plaza Central Business District Central Business District - Downtown Central Core 0 R-3 m Chase Hotel Multiple-Family Small Hotel Resort C South Residential and Hotel Commercial Zone m East Downtown Parking Lot C-B-D C-B-D r and Mercado Plaza Central Business District Central Business District Hotel Casa Cody R-3 O Multiple-Family Small Hotel Resort `p W and vacant lot est (future Palm Hotel) Residential and Hotel Commercial Zone m ANALYSIS Z The proposed project is indicated on the site plan shown in Attachment 3. The following existing facilities would be removed: • The existing two-story hotel room building along Cahuilla Road O • The existing 13,500 square foot restaurant/nightclub and administration building • Additional parking spaces; from the existing 82 to 100 spaces cn Each of these buildings would be replaced by a new three-story building paralleling Belardo Road and Cahuilla Road, respectively, increasing the number of hotel rooms from 120 to 193 rooms. The ground floor of the new building along the southern portion X of the site would contain the lobby, meeting room, a spa (with two employees), a small .� fitness center, and a 1,500 sf food and beverage facility for pool service and room service only. A second swimming pool also will be added to the site. •^I Table 2 summarizes the existing and proposed development. Planning Commission Staff Report November 2$,2007 Case No.5 1162 PD 342 Page 4 of 15 Table 2 Demolition and Development Summary r T Existing To Be Proposed Total after a Description (sf) Demolished New Development Z s s s Z Guest hotel rooms 49,298 14,132 46,366 81,532 Administration 500 500 2,558 2,558 IT1 Spa & fitness 1,050 1,050 3,367 3,367 0 Kitchen, restaurant 10,996 10,996 1,500 1,500 & nightclub Meeting rooms 950 950 1,209 1,209 TOTALS 62,794 27,628 55,000 90,166 0 General Plan Amendment M The proposed project requires a General Plan amendment because it exceeds the C General Plan density allowed on the site. On October 24, 2007, the City Council M approved the comprehensive update to the City's General Plan, which included r changing the site designation to Small Hotel Resort Commercial with a limit of 15 units per acre. According to the General Plan, the Small Hotel Resort Commercial O designation is intended to apply to "areas with smaller-scale, boutique type hotels that are typically found in the Warm Sands and Tennis Club neighborhoods." At present, the existing site is developed at 43 units per acre and is non-conforming 171 under the new General Plan as it exceeds 15 units per acre. The proposed project density of 70 units per acre cannot be approved without a General Plan Amendment. Z The proposed General Plan Amendment as shown in Attachment 4 would change the site's land use designation from Small Hotel Resort Commercial to Central Business District (Downtown Central Core), which allows for a density of up to 70 hotel units/acre. This proposed designation is the same as the new General Plan land use designation for the Desert Fashion Plaza site immediately to the north of the site. The project would be consistent in scale and form with abutting development to the north and to the east. LA Due to its location adjacent to the Central Business District, hotel guests can walk to the Central Business District restaurant and retail uses. Hotel guests do not need to pass through the neighboring Tennis Club district to access the amenities of Downtown. �7 The proposed General Plan Amendment is consistent with the following policies cited in the General Plan Update: Goal LU1: Establish a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification 000055 Planning Commission Staff Report November 28,2007 Case No.5.1162 PD 342 Page 5 of 15 of key-targeted sites, minimizes adverse environmental impacts, and has positive economic results. r Goal LU7. Maintain and enhance the City's status and image as a premier resort destination and cultural center in the Coachella Valley, Z These goals are supported by the following polices relevant to the proposal: Z Policy LU1.4: Encourage the expansion of existing facilities or the introduction of m new uses that are considered to be of significant importance and contribute exceptional benefits to the City. Policy LU1.5:Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impact. O Policy LU1.10: Encourage, where appropriate, high density projects to maximize m the use of the land. C Based on these considerations, Staff recommends amending the General Plan Map for m the project site to Central Business District (Downtown Central Core), provided a r Planned Development District is prepared and approved. 0 With the approval of the requested General Plan Map Amendment and Planned Development District, the proposed density of 70 units per acre would be consistent with the General Plan. Planned Development District m Z The current zoning on the site is R-3 (Multiple-Family Residential and Hotel). A Planned Development District is needed in order to provide relief from selected development standards of the R-3 zone. Pursuant to Section 94.03.00 (Planned Development District) of the Zoning Ordinance, the Planned Development District is designed to provide various types of land use that can be combined in compatible relationship with each other as part of a totally planned development. It further states, `It is the intent of O this district to insure compliance with the general plan and good zoning practices while — allowing certain desirable departures from the strict provisions of specific zone classifications." --I As such, the proposed Planned Development District includes certain departures from X the development standards of the R-3 zone. Table 3 describes these departures: _ 0 --I 0000� Planning Commission Staff Report November 28,2007 Case No.5.1162 PD 342 Page 6 of 15 Table 3 Comparison of Existing R-3 Development Standards and r Proposed Planned Development District 342 Standards a Standard R-3 Zoning Proposed Planned Z Development District 342 Z Lot area Minimum 20,000 sq. ft. 120,537 sq. ft. Density— hotels 1,000 sq. ft. of lot area per 625 sq. ft. of lot area per M room 120 rooms room 193 rooms 0 Height Not greater than 30 feet Not greater than 35 feet over a maximum of 50% of all buildin s Setbacks v Front: Tahquitz Canyon 20 ft. — 35 ft. 21' — per site plan Side yard: Belardo 25 ft. 25' — per site plan V'7"I Side yard: Cahuilla 25 ft. 25' — per site plan C Rear yard: 10 ft. or equal to height of 63'9"- from Chase Hotel building per site plan M Required open space 40% 55% r Parking 159 spaces required 100 spaces; subject to a 0 Specific Parking Plan '13 See discussion below K As the above Table shows, the Planned Development District is required in this case, in m order to address variations in lot area per hotel roam, height, and parking. Z Site Plan and Pro'ect Design The proposed site is approximately 2.77 acres. Currently, it is fully developed with 120 hotel units, a restaurant/nightclub, and ancillary uses. Under the Planned Development District, the proposed project will redevelop the existing site as follows: O • Increase overall existing room count from 120 units to 193 units — • Eliminate approximately 11,000 sf of the total 13,500 sf restaurant and nightclub fn space • Increase parking spaces from 82 to 100 • Maintain the existing height of the tallest building on the site of 34'8" • Reduce the building site coverage from 28% to 24% — • Provide open space, landscaping, and recreational amenities to approximately 0 55% of the site • Provide an additional swimming pool • Provide limited food service area for hotel guests only 0®(Z 53 Planning Commission Staff Report November 28 2007 Case No.5.1162 PD 342 Page 7 of 15 The proposed site plan will renovate the site with the following building sections: .O • The existing Tahquitz building of 3 stories and 21 units (34'8" in height) will r remain. • The existing Belardo building of 2 stories and 23 units (23' in height) will remain. • The existing Courtyard building of 3 stories and 42 units (34'8" in height) will Z remain. Z • The new Mercado building of 3 stories and 38 units (34' in height) will replace 11,000 sf of the existing restaurant. M • The new Mountain building of 3 stories (in 2 building sections) and 69 units (34' in height) will replace the existing two-story building containing 36 units. The reconfigured site plan will place buildings parallel to the three street frontages of Tahquitz Canyon way, Belardo Road, and Cahuilla Road, as well as parallel to the existing south parking lot. An existing building will remain in the center of the development. The existing swimming pool will be retained and a new pool will be added M between the new building along the parking lot and the existing central building. The C ancillary facilities (spa, food service, meeting room, administration) will be located on the ground floor of the new Mercado building parallel to the south parking lot. M Ir Density Located in the R-3 zone, the project is subject to Section 92.04.03.C.1 for the lot area -0 per hotel room (1,000 sf per hotel room) for a hotel with surface parking. Under the Planned Development District the project proposes a lot area per hotel room of 625 square feet which would be consistent with a General Plan land use designation of m Central Business District (Downtown Central Core). Z Architecture General building design, paint palettes, construction materials, and landscaping will remain similar to the existing elements. The AAC reviewed and endorsed the proposed general massing and design plan. The AAC will review detailed architectural design v upon submittal of final development plans. Open Space N The project proposes approximately 55% of the site be dedicated to landscaping and open hard-surfaced areas, which exceeds the requirements of the R-3 zoning district. The open space will consist of perimeter landscaping, interior pedestrian promenades, swimming pools, and general planting areas. 0 ^-I Planning Commission Staff Report November 28,2007 Case No 5.1162 PD 342 Page 8 of 15 Access General access to the site remains unchanged, with the development having three r street frontages. The main pedestrian entrance will remain on Belardo Road, with public a sidewalks provided on Belardo and Tahquitz Canyon. Secondary pedestrian access will be provided via gates to the existing bay parking area along Cahuilla Road. Loading Z and service access will be provided off Cahuilla or via the existing one-way parking lot Z on the south side of the property. m Parking 0 The following table calculates the parking requirements for the site as required under Section 93.06.00(B)(16) of the Palm Springs Zoning Code_ Table 4 Parking Requirements for Proposed Project m Parking Generator Number Units Rate Required C Spaces m First 50 guest rooms 50 Per Room 1 space/room 50 r Guest rooms above 50 143 Per Room 0.75 space/room 107 Food service _ 1,500 Sq.. Ft. Public Non-public _ 0 O Spa & fitness center 2 Employees 1 space/em loyee 2 .� TOTAL 159 The proposed project increases the existing off-street parking on the site from 82 to 100 M spaces. The following table shows the proposed number of parking spaces and their on- site location. As indicated in Table 4 above, the required number of parking spaces for Z the proposed project is 159. Table 5 below, indicates the applicant is proposing 100 spaces. There is a deficit of 59 parking spaces which will be addressed by the proposed Specific Parking Plan described in details in Table 6. Table 5 0 Proposed Parking Spaces and On-Site Location U7 On-Site Location Number of Parking S aces On-sites aces 77 Creation of managed parking spaces under 16 valet control on-site see discussion below. Proposed driveway spaces 7 n TOTAL PROPOSED ON-SITE SPACES 100 ^-I The project proposes deficit parking by 59 spaces. The project proposes to address the deficit through a combination of on-street parking, administrative reduction in the 0000go91 Planning Commission Staff Report November 25.2007 Case No.5.1162 PD 342 Page 9 of 15 requirement for parking, and payment of in-lieu parking fees. These credits would be implemented through the proposed Specific Parking Plan. r Table 6 Parking Credits and Payment of In-Lieu Fees Z Credits and In-Lieu Fees Number of Spaces Z Proposed on-site parking spaces See Table 5 100 m Administrative modification for parking reduction of 10% 16 0 per Section 94.06.01 of the Zoning Code Historic use of adjacent off-site spaces 11 Credit for use of tour bus access 15% of demand 24 Pa ment of in-lieu parking fees (8 spaces @ $12,OOO/s ace) 8 O TOTAL SPACES AND CREDITS 159 m The Specific Parking Plan elements are described below. C Managed Parking: Should guest demand warrant, the managed parking program would M have the option of taking six striped spaces and using them as 16 managed spaces r (i.e., tandem parking by a valet, allowing closer stacking). For the majority of days, the proposed managed parking area would be self-policing and used primarily by hotel 0 employees. On those days when occupancy exceeds 90%, the managed parking area would be ig valet-served from 7:00 am to 11:00 pm. Only when occupancy exceeds 90% is there m the potential need to use some or all of the 16 managed parking spaces attributable to the remaining 10% of the rooms. A managed parking program that includes valet Z parking is consistent with Policy CR8.6 (Parking) which states: "Explore the development of a valet parking program to enhance parking access and availability Downtown." Administrative Modification: An Administrative Modification may be granted through the v PD in accordance with Section 94.06.01 of the Zoning Code. Findings can be made due to historic development patterns in the neighborhood and the location of existing improvements in the area. Vj Historic On-Street Parking: Staff supports the fact that on-street parking is common in the area. The City will credit the applicant with 11 on-street parking spaces, in addition to the Administrative Modification mentioned above. Bus Passenger Relief. The City will credit the applicant with a 15% reduction to account n for bus passengers. A Condition of Approval has been included indicating that the applicant shall pay for striping and signage for two bus parking spaces on the west side of Belardo Road. ®603so Planning Commission Staff Report November 28,2007 Case No.5 1162 PD 342 Page 10 of 15 In-Lieu Parking Fees: In order to balance the parking requirements, the applicant may pay the in-lieu parking fee at $12,000 per space for eight spaces, for a total of r $96,000.00. n Staff supports the proposed Specific Parking Plan. A Condition of Approval has been Z included, requiring the applicant to apply for and receive approval of a Land Use Plan to Z implement this plan. m Landscaping v The applicant proposes to provide landscaping consistent with existing landscaping. The final landscape plans must be reviewed by the Architectural Advisory Committee. The AAC will review final development plans, including landscape plans, upon submittal of a Final PD application. v Downtown Urban Design m, Plan C In conjunction with the comprehensive General Plan update the City adopted its m Downtown Urban Design Plan. These guidelines recognize the Mercado Plaza r immediately to the east of the subject site and the Historic Tennis Club District immediately to the west of the subject site as areas of special interest. 0 The guidelines state that "The Mercado Plaza is a vibrant public space because it contains many elements of a well designed gathering place: retail and restaurant uses, a strong water element, outdoor seating, interesting architecture, shade elements, consistent landscaping, public art, and specialized paving." M Z The guidelines also state, "The Tennis Club district is an important historic area in downtown Palm Springs. It contains many architecturally, socially, and culturally important hotels, small resorts, and residences. This district should continue to retain the current land uses, sense of place, and character that currently exists." Listed below are the relevant ideas and strategies pertaining to the subject development O and its impact on the Mercado Plaza and the Historic Tennis Club District. • Buildinn Height, Orientation Massing & Design Coal: Allow for mixed-use development while preserving mountain views and X eclectic nature of downtown; preserve view corridors and create new ones when _ possible;preserve and enhance eclectic architecture. 0 Proposed Action: Orient buildings east-west to protect view corridors; develop and implement building massing guidelines to frame views; step back the upper floors of taller buildings to protect view corridors; vary height and massing to Planning Commission Staff Report November 28,2007 Case No.5.1162 PD 342 Page 11 of 15 maintain eclectic nature of downtown; design building to add to and reinforce the eclectic nature of downtown architecture. r The proposed renovation of the Palm Mountain Resort and Spa site is generally a consistent with the intent of the goals and proposed actions of the Downtown Urban Design Guidelines. The proposed plans maintain the general building Z pattern as it currently exists, with buildings constructed along street frontages. Z Though this project does not orient all buildings in an east-west direction, the building pattern is appropriate for a site with three street frontages, especially M given that three existing buildings are being retained on the site. The MND addresses the protection of the views from the Mercado Plaza. The primary issue is the increased height of the new Mercado building (approximately 10' to 12' taller than the existing building being demolished) and its impact on views. Site visits and photographic simulations revealed that even with the 0 additional height of a new three-story building, the views of the mountains in the M background will be maintained from the Mercado. In addition, the remaining C central Courtyard building is currently three stories tall and 34'8" in height and is located directly adjacent to the new three-story Mercado building. m The existing off-street parking lot running in an east-west direction is being (— maintained. This lot also allows an open view through the subject site to the 0 west. • Building Height (The Tennis Club District) Goal: Building heights should be consistent with current heights and zoning M restrictions. Z Goal: Building heights should result in a varied skyline. Taller buildings, if properly designed, will create dramatic view corridors that will add to the vitality of downtown. The proposed project retains the primary land use of a resort hotel on the site, 0 consistent with the purpose of the Tennis Club District, and the building heights for the redevelopmentirenovation of the Palm Mountain Resort and Spa are generally consistent with the goals for building heights in the Tennis Club District. The heights of the proposed new buildings on the subject site will be equal to or __q less than other existing buildings on the site. In addition, the redevelopment of the site will result in buildings of two stories and three stories, adding variety to _ the skyline. 0 Planning Commission Staff Report November 28,2007 Case No.5.1162 PID 342 Page 12 of 15 REQUIRED FINDINGS The amendment to the General Plan is a legislative action and specific findings are not r required. However, the Palm Springs Zoning Ordinance states that the Planning a Department shall study any proposed amendment and shall provide information necessary to assure action consistent with the General Plan and shall report the Z findings to the Commission. Z General Plan Amendment M The proposed General Plan Amendment is to change the classification of the site from Small Hotel Resort Commercial to Central Business District (Downtown Central Core) is a reasonable and appropriate extension of the adjacent Central Business District (Downtown Central Core) for a hotel development whose guests utilize the restaurants, retail services and service facilities of the downtown area and is consistent with the 0 Central Business District land use classification. The amendment also serves the City's M interest in economic development activity by increasing the number of hotel units to C serve guests who shop and dine in the Central Business District. m Planned Development District r, Section 94.03.00(B) of the Palm Springs Zoning Ordinance states that the Planning 0 Commission and City Council shall find that the proposed uses as shown on the preliminary development plan for the PD are in conformity with the required findings and conditions set forth in Section 94.02.00 (Conditional Use Permit), the General Plan and 9 sound community development. m Findings are hereby made in support of establishing the proposed Planned Z Development District as follows: 1. The proposed planned development is consistent and in conformity with the General Plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. O The proposed land uses of hotel rooms and ancillary facilities serving the hotel — guests are in conformity with the General Plan Amendment proposed as part of this (n action and with sound community development. The increase in hotel rooms promotes economic development for the City in its endeavors to encourage tourist development while the elimination of the restaurant and nightclub will reduce negative noise and nuisance impacts on the surrounding community 2. The use is necessary or desirable for the development of the community, is in n harmony with the various elements or objectives of the general plan, and is not —{ detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. 0009H Planning Commission Staff Report November 28 2007 Case No.5.1162 PO 342 Page 13 of 15 The proposed land uses are deemed to be desirable for the public welfare and convenience and is in conformity with the General Plan and its objectives, and are authorized by the Zoning Code. The major existing use on the subject site is a r hotel. Under the Planned Development District, the proposed project expands the a number of hotel rooms while eliminating the public restaurant and nightclub. Z Existing land uses in the vicinity include other hotel developments, a proposed hotel Z development on an existing vacant lot, as well as retail, restaurant, and service uses in the Central Business District, M 3. The site for the intended use is adequate in size and shape to accommodate such 0 use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. D The proposed development is similar to the character and design of the existing m development on the site. The size of the site is adequate to accommodate the proposed uses within the Downtown Central Core designation. Landscaping, walls C and setbacks are the same or greater as the existing facility. m The 2.77-acre site adequately accommodates the additional hotel rooms while r providing parking, setbacks and site amenities and increasing open space. 0 Adjacent uses in the neighborhood include other existing hotels and a proposed hotel on the vacant lot on the west side of Cahuilla. 4. 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 m proposed use. Z The subject site currently is developed and has an established street network adequately servicing the site. The basic street system remains unchanged. The traffic study prepared for the proposed development concludes that traffic generation will decrease due to the elimination of restaurant uses, and that levels of service operation will be sufficient to carry the traffic to be generated. O 5. The conditions to be imposed and shown on the approved site plan, and other conditions of approval attached, are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards under the Planned Development District. X The conditions imposed on the approved site plan include the elimination of the existing land use of a public restaurant and nightclub which previously have shown to increase traffic generation, parking demand and the generation of noise impacts -1 on the surrounding neighborhood. Conditions related to the provision of a Specific Parking Plan are designed to protect the safety and general welfare of the 6GI36S))4 Planning Commission Staff Report November 28,2007 Case No.5.1162 PD 342 Page 14 of 15 neighborhood to assure that the increase in hotel units does not adversely impact the adjacent areas. r Per Section 94.03.00(C) of the Palm Springs Zoning Ordinance, the following a development standards are appropriate to the orderly development of the site: _ Z PD342 Development Standards 2 Lot area 12Q537 sf Density 625 sq. ft. of lot area per room m Height Not greater than 35 feet 0 Setbacks Front: Tahquitz Canyon 21' — per site plan Side yard: Belardo 25' — per site plan Side yard: Cahuilla 25' — per site plan Rear yard: 63'9"- from Chase Hotel per site plan m Required open s ace 55% Parkin T _ 1 00 spaces subject to a Specific Parkin Plan ENVIRONMENTAL ASSESSMENT r The Planning Department has reviewed this project under the provisions of the 0 California Environmental Quality Act (CEQA), and determined that the project has the '13 potential for significant impacts, but that the impacts would not be significant in this case because project modifications or mitigation measures incorporated into the Initial Study ig reduce impacts to less than significant levels. A Mitigated Negative Declaration has M been prepared, and attached to this Staff Report as Attachment 7. Z The following mitigation measures over and above standard City conditions, rules and regulations have been identified in the environmental document to reduce impacts of the proposed project to below a level of significance: • Mitigation Measure MM V-1 (Cultural) requires that a Native American Monitor(s) 0 shall be present during all ground-disturbing activities on the site, because local experience has shown that there is always a possibility of buried cultural —' resources in a project area. V) • Mitigation Measure MM V-2 (Cultural) requires that prior to the approval of any grading plan, the Director of Planning Services of the City of Palm Springs will ensure listed specifications regarding the accidental discovery or recognition of any human remains and that the landowner or representative will rebury any Native American remains and associated grave good with appropriate dignity 0 under specified conditions. • Mitigation Measure MM VIII-1 (Hydrology & Water) requires that prior to the approval of a grading permit, the applicant shall submit to the City Engineer a hydrology analysis of the project for review and approval to assure that 0600Sa5 Planning Commission Staff Report November 28 2007 Case No 6.1162 PD 242 Page 15 of 15 stormwater runoff generated from the site in the developed condition shall be equal to or less than stormwater runoff from the site in the undeveloped condition. r These mitigation measures have been incorporated into the proposed conditions of a approval of the project, as contained in Attachment 7. The proposed Mitigated Negative Z Declaration was circulated on November 7, 2009 for a 20-day public comment period. Z No comments have been received as of this writing. m NOTIFICATION 0 A public hearing notice was mailed to all property owners within 400 feet of the subject property and published in The Desert Sun on November 7, 2007- As of the writing of this report, staff has not received any comment. v CONCLUSION m With the proposed amendments described herein, the proposed project is consistent C with the goals and policies of the General Plan. The proposed mapping amendment to m the General Plan and the adoption of a Planned Development District are necessary r, and proper at this time and will not be detrimental to the adjacent property or to residents. On this basis, staff recommends approval of the applications, including Q adoption of General Plan Amendment 5.1162, adoption of Planned Development District application PD342, preliminary architectural review, and adoption of the Mitigated Negative Declaration. m o �v ) Z it J C �• J k�vard O. Ro6ertson rat A. in9, CP —1 Principal Planner Direc or of Planning Services Attachments: v 1. Vicinity Map 2. Aerial Photo of Vicinity/Existing Site Plan 3. Proposed Site Plan 4. Proposed General Plan Amendment 5. Draft Planning Commission Resolution �] 6. Draft Mitigated Negative Declaration 7. Mitigation Monitoring and Reporting Program 0 6000 Case 5.1162 Palm Mountain Resort and Spa 155 South Belardo Road February 6, 2008 MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MEASURE RESPONSIBLE MONITORING I IMPLEMENTATION PARTY REPORTING ENTITY STAGE Cultural Resources V-1 Local experience has shown that there is always a possibility of Project Proponent City of Palm Springs During Project Grading buried cultural resources in a project area. Given that, a Native Planning Department (Condition to be applied to American Monitor(s) shall be present during all ground-disturbing project grading plans) activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the City of Palm Springs Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a qualified archaeologist to investigate and, if necessary, the qualified archaeologist shall prepare a treatment plan for approval by the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates, shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City of Palm Springs Planning Services Department prior to final inspection. V-2 Prior to the approval of any grading plan, the Director of Planning Project Proponent City of Palm Springs Prior to Issuance of Services of the City Of Palm Springs will ensure that the following Planning Department Grading Permits specification is included with grading requirements: In the event of the accidental discovery or recognition of any human remains in any location on the project site other than a dedicated cemetery, the following steps will be taken: 1. There will be no further excavation or disturbance Of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (a) The Riverside County Coroner is contacted to determine that no investigation of the cause of death is required, and b If the Coroner determines the remains to be Native �5.1162 Palm Mountain Resort and SPA 1 February 6, 2008 v American: • The Coroner will contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will identify the person or persons it believes to be the most likely descended from the deceased Native American. • The most likely descendent (MILD) may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or 2. Where the following conditions occur, the landowner or his authorized representative will rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance: • The NAHC is unable to identify an MILD. • The MILD identified failed to make a recommendation within 24 hours after being notified by the NAHC. • The landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the NAHC fads to provide measures acceptable to the landowner. Hydrology and Water Quality VIII-1 Prior to the approval of a grading permit, the applicant shall submit a Protect Proponent City of Palm Springs Prior to Issuance of hydrology analysis of the project to the City Engineer for review and Building Department Grading Permits approval. The project shall incorporate retention basins or equivalent facilities that meet the following performance requirement: "Stormwater runoff generated from the site in the developed condition shall be equal to or less than stormwater runoff from the site in the undeveloped condition." The hydrology analysis shall demonstrate the effectiveness of the proposed retentions stem to the satisfaction of the City Engineer 4 O a5.1162 Palm Mountain Resort and SPA 2 February 6, 2008 cr7 i CO PROP05ED UNITS TOTAL UNITS PROPOSED - l55 UNITS MOUNTAIN ELO6. 50. 33 PARKING REQUIRED FOR IRg UN/Ts a J54 PAQKINO PROVIDED /tl/TL,, TN(5 PROJECT - 154 MOUNTAIN BLDG. NO. 30 n4tiLL\A�34\ MERDADO SLOG. 41 PARKING FOR PROPpsEp DEVELOPMENT - bREAKpptuN ON-51TE SPACES 87 LIVIL GIGIN�LWNG TANQU= BLDO., �l rFpPP5E➢ ON-9/Yc SPACES /SEE TM/5 5NEPTl 1/; {µ�p$(p[yEyfrb CREATION tlr Mn N.SpcG SPACES Ttl UNCLE VALET CONTROLL CN-SiTrv�9fTc HELARDD HLnCr, 93 w/STPR/C u9P o .[pJq CENT OFP-9/TP 9P.5 cct n Tp TAFJ /] NG/// CgRBbI➢E BPAcc� g PRCPoypC CFlYE4/AY SPACES o CQURTYARp HL A6. 40 CREDIT hCR us PF TOUR BOB ACccea s. PF ➢EMAMC) gy M yx� TPTAL PROPOSED ON-9/Tc SPACES ll6 TOTAL Jos TOTAL Mr CCS AND CR&M,4 rL'AAN'N RA OY T Hc ra/ND PLAN NOrc Lpry MOUNTAIN LANNINO COMMIgfpN RESORT P RPCtlMnC/N+OATIONS 111 2e-OY) �[� °nIMrLYO vnrf cwm! rncm [T,7 i0/00 b CAwu2Ln FDA➢ N •�d13 (o. Md`M1 w 6 Ra 9 �mn • Il - •m+nY niu _� �.. O ( Mevnvmn 4idp �f a Reduc.ed a Mwn[ern M1e n( MLy ga•-rBldo-.,� 0 .,dM BldpNv[M1 re4+l- 3/ SPACES -" °se°e�rl'Rd.�a!n one Pn.Lma ced. ' I LOT 17 1,�00 J ' .e-v:d�sroverntl ePri ncne��mP^Yid.[ n y Pe/Yana 1 N LOT 16 -- ,.�/' . .fFi '/• 4'�4'. ..n�: �in� 1 _ 1 i a LOT ,s � { 1 55 — —/ nPIcPmL ti LOT 20 9onnp. Cr LOT 27 — SI uo BFInkOo ANALYSIS 9NIIA'N` � Of/�IOmC r 9/.c LAN � LOT 29 �• — a S SPA CE•5 y CURED SPA=e , •nnry wn _ _�.e�'� i 6-----„-- `- w—lM - ---.- ------------ s SITE LICi/aN E-E GAHmLLP o'LOOK/Npn EP£T avxKr un — 7—,—" n wMw — uw.IonY SITE 9PGT/o,v C-C - LOOKING ulr_ST M I4 N rw cr nwnux+c � STE StlGrfON C-C BELARDC , LOOKING WEST Pile 9prmpy Cn . f 9/YG'CFCSS SECT/ON5 � �I CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION e CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: February 6, 2008 Subject: Palm Mountain Resort & Spa — 1550 S Belardo Road — Case 5.1162 AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on or before January 24, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (110 notices) I declare under penalty of perjury that the foregoing is true and correct. C��C►h� Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on January 26, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMG Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before January 24, 2008. 1 declare under penalty off perjury that the foregoing is true and correct. Dolores Strickstein, Secretary NEIGHBORHOOD COALITION REPS Case 5.1162 PD 343 MR PETE MORUZZI Palm Mountain Resort&Spa MODCOM AND PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting 02.06.08 HISTORIC SITE REP II I I PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1162 PD 343 VERIFICATION NOTICE I I 1 ATTN SECRETARY MRS.JOANNE BRUGGEMANS PO BOX 2743 506 W.SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS I I 1 I 1 1 777 E TAHOUITZ CANYON WAY,#301 PALM SPRINGS CA 92262 MR ROBERT RICHARDSON MR WILLIAM H. MC WETHY PACIFIC HOSPITALITY GROUP PALM MOUNTAIN RESORT SPONSORS 11250 EL CAMINO REAL, STE. 100 11250 EL CAMINO REAL, STE. 100 _- SAN DIEGO, CA 92130 SAN DIEGO. CA 92130 MR DOUG LIVINGSTON MR ALLEN SANBORN LIVINGSTON &ASSOCIATES SANBORN A/E INC. 6266 LAMDA DRIVE 71780 SAN JACINTO DRIVE SAN DIEGO, CA 92120 BLDG. E, SUITE C RANCHO MIRAGE, CA 92270 513-141-012 513-092-004 513-143-005 CURRENT IDENT R,h'� CURRENT RESIDENT CURRENT RESIDENT 389 T ITZ DR 100 N PALM CANYON DR 167 S PALM CANYON DR PAL PRINGS, CA 92262 PALM SPRINGS, CA 92262-5504 PALM SPRINGS, CA 92262-6303 513-143-00 513-143-008 513-143-009 CURRENT STDBNT y/ CURRENT RESIDENT CURRENT RESIDENT 191 S ALM CANYON DR 139 S PALM CANYON DR 101 S PALM CANYON DR PA SPRINGS, CA 92262-6303 PALM SPRINGS, CA 92262-6303 PALM SPRINGS, CA 92262-6303 513-143-019 513-144-0 r1 513-144-005 CURRENT RESIDENT U p ESI➢ENT CURRENT RESIDENT 155 S PALM CANYON DR PALMCANYON DR 186 S PALM CANYON DR ?ALM SPRINGS, CA 92262-8303 F SPRINGS, CA 92262-6330 PALM SPRINGS, CA 92262-6356 513-144-011 S13-144-013 513-153-001 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 124 S PALM CANYON DR 134 S PALM CANYON DR 205 S PALM CANYON DR PALM SPRINGS, CA 92262-6330 PALM SPRINGS, CA 92262-6330 PALM SPRINGS, CA 92262-6310 513-153-017 513-560-008 513-560-REN , CURRENT' RESIDENT CURRENT RESIDENT CUR RESIDENT 211 S PALM CANYON DR 123 N PALM CANYON DR I01 PALM CANYON DR PALM SPRINGS, CA 92262-6310 PALM SPRINGS, CA 92262-5590 P SPRINGS, CA 92262-5503 513-110-034 513-110-035 513-141-001 CURRENT RESI➢ENT CURRENT RESIDENT CURRENT RESIDENT 101 N MUSEUM ➢R 412 W TAHQUITZ CANYONWAY 385 W TAHQUITZ CANYONWAY PALM SPRINGS, CA 92262-5659 PALM SPRINGS, CA 92262-5649 PALM SPRINGS, CA 92262-5647 513-141-005 513-141-011 513-141- 5 CURRENT R . 'IDENT y� f''� CURRENT IDENT CURRE RESI➢ENT 141 S UILLA RD 370 W ENAS RD 330 ARENAS RD PAL 'PRINGS, CA 92262-6331 P SPRINGS, CA 92262-6308 P SPRINGS, CA 92262-6308 513-141-016 $13-142-001 513-142-003 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 175 S CAHUILLA RD 155 S PELARDO RD 200 W ARENAS RD PALM SPRINGS, CA 92262-6331 PAU4 SPRINGS, CA 922.62-6327 PALM SPRINGS, CA 92262-6306 513-151-002 513-151-006 513-151- 7 CURRF,NT RESIDENT CURRENT RESIDENT CURREN RESIDENT �y 355 W ARENAS RD 227 S CAHilILLA RD 237 CAIRJI LLA RD PALM SPRINGS, CA 92262-6307 PALM SPRINGS, CA 92262-6300 P SPRINGS, CA 92262-6300 513-151-010 513-151-020 513-151-038 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 225 S CA14UILLA R➢ 375 W ARENAS RD 200 S CAHUILLA RD PALM SPRINGS, CA 92262-6343 PALM SPRINGS, CA 92262-6307 PALM SPRINGS, CA 92262-6334 1""6 513-151-039 513-151-040 513-151-QAI All RESIDENT CURRENT RESIDENT CURRE RESIDENT 239 W ARENAS RD 205 EELARDO RD 261 EELARDO RD PALM SPRINGS, CA 92262-6301 PALM SPRINGS, CA 92262-6344 PIRLM SPRINGS, CA 92262-6329 513-151-0- 513-153-01 513-470-0 CURREN ESIDENT -•� CURRENT ESIDENT �,r"! CURRE ESIDENT 220 CAHUILLA RD 236 S ELARDO RD 400 ARENAS RD 3 PAL SPRINGS, CA 92262-6334 FA SPRINGS, CA 92262 P SPRINGS, CA 92262-6375 l 513-470-005 513-470-006 513-120-080 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 400 W ARENAS RD 400 W ARENAS RD 399 VILLAGGIO N PALM SPRINGS, CA 92262-6375 PALM SPRINGS, CA 922.62-6375 PALM SPRINGS, CA 92262-6398 513-120-0 513-120-092 513-120-093 CURRENT ESIDENT y� CURRENT RESIDENT CURRENT RESIDENT 391 V LAGGIO N " 398 VILLAGGIO S 392 VILLAGGIO S PAL SPRINGS, CA 92262-6398 PALM SPRINGS, CA 92262-6397 PALM SPRINGS, CA 92262-6397 513-141-017 513-141-018 513-141-0 CURRENT RESIDENT CURRENT RESIDENT O� TLAGGI RESIDENT XA 302 VILLAGGIO E 310 VILLAGGIO E 0 E PALM SPRINGS, CA 92262-6396 PALM SPRINGS, CA 92262-6396 INGS, CA 92262-6396 513-111-0 513-141- 1 513-141-022 CURREN ESIDENT �.F'I CURRE RESIDENT �(/'I CURRENT RESIDENT 318 LLAGGIO E 334 ILLAGGIO E 342 VILLAGGIO E P SPRINGS, CA 92262-6396 P -M SPRINGS, CA 92262-6396 PALM SPRINGS, CA 92262-6396 513-141-023 513-141- 5 513-141-026 CURRENT IDENT p/A CURREN RESIDENT p� CURRENT RESIDENT 350 VI AGGIO E �+ 374 ILLAGGIO E / 382 VILLAGGIO E PALM PRINGS, CA 92262-6396 P SPRINGS, CA 92262-6396 PALM SPRINGS, CA 92262-6396 513-141-027 *** 52 Printed *** CURRENT RESIDENT 390 VILLAGGIO E PALM SPRINGS, CA 92262-6396 513-470-006 513-143-00 � /�/� 513-120-081 CAROL C HOLMES CIRRUS ROSPACE LLC fA ERIC J WOHLSCHLEGEL 89 I'ILDEN WAY 860 OADWAY 611 MASSACHUSETT5 AVE HE BELMONT, ME 04952-3246 N YORK, NY 10003-1123 WASHINGTON, DC 20002-6005 513-141-019 513-141-018 513-151-038 W R VARECHA JON W HALL DESERT HAZE LLC 444 SEASONS ➢R 2587 HUTTON DR 14900 HINDRY AVE GRAND JUNCTIO, CO 81503-8705 BEVERLY HILLS, CA 90210-1211 HAWTHORNE, CA 90250-6761 513-151-010 513-151.- 1 513-1.51-020 MIC14AEL J & MILDRED DELILLO PALM P I d9 u1 EUGENE P & ADRIANA ROSSI 15516 W SUNSET BLVD 306 I'll 2NO ST 3215 E OCEAN BLVD PACIFIC PALIS, CA 90272-3541 S TA MONICA, CA 90401.-2302 LONG BEACH, CA 90803-2624 513-153-001 513-110-035 513-141-026 CURT A & JACQUELINE 'T'AUCHER PAUL C MARU'T' DOUGLAS R & KEIREN HALE S335 E BROADWAY PO BOX 56958 PO BOX 697 LONG BEACH, CA 90803-3561 SHERMAN OAKS, CA 91413-1958 RANCHO CUCAMO, CA 91729-1587 513-1n2-001 513-470-005 513-134-0 PALM MOUNTAIN RESORT DBA I-IOL= BRIDGETT A HASSETT KALS & ASSOCIATES 11250 EL CAMINO REAL N100 4242 CORTE ➢E LA SIENA 47 qlPASEO LAREDO SAN DIEGO, CA 92130 SAN DIEGO, CA 92130-2118 C�EDRAL CIT, CA 92234-1515 513-143-005 513-141-012 513-092-004 JOHN C MCDONALD PALM STRINGS MODERN HOMES V HENRY FRANC 49035 CALLE, FLORA 74140 EL PASEO 4 121 S PALM CANYON DR 216 LA QUINTA, CA 92253-2547 PALM DESERT, CA 92260-4113 PALM SPRINGS, CA 92262-6378 513-141-004 513-143-019 513-144-002 WESSMAN HOL➢INGS PLAZA MERCADO PLAZA LAS FLORES 300 S PALM CANYON ➢R 300 S PALM CANYON ➢R 300 S PALM CANYON DR PALM SPRINGS, CA 92262-7302 PALM SPRINGS, CA 92262-7302 PALM SPRINGS, CA 92262-7302 513-144-011 513-560-008 513-110-034 WESSMAN HOLDINGS JOHN WESSMAN PALM SPRINGS ART MUSEUM INC 300 S PALM CANYON DR 300 S PALM CANYON DR 101 N MUSEUM DR PALM SPRINGS, CA 92262-7302 PALM SPRINGS, CA 92262-7302 PALM SPRINGS, CA 92262-5659 513-141-001 513-141-005 513-141-015 PAUL C BRUGGEMANS FRANK TYSEN CASA CODY E & 3 COUNTRY INN 305 W TAHQUITZ CANYON WAY 175 S CAHUILLA RD 175 S CAHUILLA RD PALM SPRINGS, CA 92262-5647 PALM SPRINGS, CA 92262-6331 PALM SPRINGS, CA 92262-6331 513-141-016 513-142-003 513-151-006 CASA CODY B & B COUNTRY INN I CHASE HOTEL AT PALM SPRINGS I SCOTT G CHFRKASKY 175 S CAI-IUILLA RD 200 W ARENAS RD 227 S CAI-VILLA RD PALM SPRINGS, CA 92262-6331 PALM SPRINGS, CA 92262-6306 PALM SPRINGS, CA 92262-6300 513-151-007 513-151-039 513-153-0 VIRGINIA IIERARDSNS wBw MARIN & GETA URSESCU JOI-W P RTZ 237 S CAHUILLA RD 239 W ARENAS RD 232 BELARDO RD PALM SPRINGS, CA 92262-6300 PALM SPRINGS, CA 92262-6301 P SPRINGS, CA 92262 513-120-080 513-120-093 513-141-017 TERRILL L & MARIAN PHILLIPPI DELMAR & CHEREE AITKEN JOHN R JESTER 399 VILLAGGIO N 392 VILLAGGIO S 100 S SUNRISE WAY A PALM SPRINGS, CA 92262-6398 PALM SPRINGS, CA 92262-6397 PALM SPRINGS, CA 92262-6778 513-151-017 513-143-017 513-120-092 LOUIS S & THEW MILLER /J CTTY OF PALM SPRINGS PALM SPRINGS MODERN HOMES V 1155 TSFANY CSR N f-' 3200 E TAHQUTTZ CANYON WAY PO BOX 1587 PALM INGS, CA 92262-1/778 PA[,M SPRINGS, CA 92262-6959 PALM SPRINGS, CA 92263-1587 513-153-016 513-144-005 513-144-006 REDEVELOPMENT AGENCY CITY OF MITCHELL J & JOYCE SLAYMAN CITY OF PALM SPRINGS PO BOX 1796 PO BOX 3190 PO BOX 2743 PALM SPRINGS, CA 92263-1786 PALM SPRINGS, CA 92263-3190 PALM SPRINGS, CA 92263-2743 513-153-029 513-141-021 513-151-002 REDEVELOPMENT AGENCY CITY OF TUTUNJIAN LARRY L & SHARON KRAMER PO BOX 2743 1775 E PALM CANYON DR 1909 EL CAMINO REAL PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92264-1613 REDWOOD CITY, CA 94063-2112 513-470-004 513-143-008 513-141-011 MARC L HERBERT IIRANDENBURC-OASIS PLAZA LLC WAHOO CAL DBA A HIDEAWAY 2864 TICE CREEK DR 4 1122 WILLOW ST 200 4109 NE 19TH AVE B WALNUT CREEK, CA 94595-3265 SAN JOSE, CA 95125-3103 PORTLAND, OR 97211-5182 513-131-040 www 49 Printed rww B & LINDA RUSSO PO BOX 19536 SEATTLE, WA 98109-1536 513-143-006 RETURNED MAIL CIRRUS AEROSPACE LLC 85 FIFTH AVENUE, CH FLOOR NEW YORK, NY 10003 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1162 PLANNED DEVELOPMENT DISTRICT 342 CASE 5.1162 GENERAL PLAN AMENDMENT 155 SOUTH BELARDO ROAD "PALM MOUNTAIN RESORT & SPA" NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 6, 2008. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application for a Planned Development District by Pacific Hospitality Group to renovate the Palm Mountain Resort and Spa from a 120-room hotel to a 188- room hotel located at 155 South Belardo Road, zoned R3. A General Plan Amendment is requested to change the property's land use designation from Small Hotel Resort Commercial to Central Business District (Downtown Central Core) to increase the maximum project density from 15 dwelling units per acre to 70 dwelling units per acre. ENVIRONMENTAL DETERMINATION: A Notice of Intent to adopt a Mitigated Negative Declaration (MND) has been filed and posted in accordance with Section 15072 of the California Environmental Quality Act (CEQA) guidelines. Members of the public may view the Mitigated Negative Declaration in the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents- COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Christopher Brown, Contract Planner, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Palm Springs.-y puede hablar'con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk 4 p ABM,, c Department of Planning Services " WE _ Vicinity Map + r�<RFO0.�p Legend ' , I�f 400- Q 111-----���I t RD ®FrRECt Site J J0] � a 0 r z U ANDREAS RD J 4 w ul c 'rA IHOUITZ DR o d_ O J r V � W V w Z J 4 J O U C z — ARENAS RD L_ARENAS RD a z a o a a C) — JI BARISTO RD w z w a PANDA WY p SATIRNINO RD t7lill O 10 CITY OF PALM SPRINGS CASE NO: 5.1162 PD 342, DESCRIPTION: To consider an application for a 5.11fi2 GPA Planned Development District by Pacific Hospitality Group to renovate the Palm Mountain Resort and APPLICANT; Pacific Hospitality Group Spa from a 120-room hotel to a 188-room hotel located at 155 South Belardo Road, zoned R3. APN: 513-142-001. 600073 RECEIVED CITY Or PALM SPMNC—S 2001 NOV 28 PH 2 14 October 2, 2007 7'SES TilOi'iPSO[ Tim Ellis, General Manager CITY CLERK Palm Mountain Resort and Spa 155 South Belardo Palm Springs, CA 92262 Dear Tim: Here are hopefully some constructive reactions to your neighborhood meeting of September 29, 2007- Therese Hayes and I, as co-owners of Casa Cody Inn, were very pleased that you have abandoned the original proposal which would have had a massive impact on Casa Cody and The Chase Hotel as well as on the entire neighborhood, not to speak of the impact on your budget. We believe that the present proposal seems workable for all concerned but we would like to explore several areas of possible improvement. First of all there are the height and setback issues particularly involving those buildings inuuediately facing the Casa Cody property. We found the suggestions of Marshall Roath rather helpful. Marshall, who lives in the neighborhood, is not only a designer by profession but has also served on the Palm Springs Planning Commission. His proposal of maintaining a two story height for that part of the Mountain Building South which faces Casa Cody certainly has a lot of merit. Having paced off that section of the building facing us it turns out that only six third story rooms would have to be eliminated to accomplish this. Incidentally, when The Villas at Old Palm Springs to the west of Casa Cody were built, the builder thoughtfully reduced several condos from two story to one story so as not to interfere with the privacy and views of our second pool. By further moving the break between the two Mountain Buildings southward it might even have less impact on your room elimination. As a possible benefit to your property such iueasures would create much greater mountain views for your new pool area to satisfy those guests to whom this is important thus making this your true view pool- A second issue is parking. Though we are aware of the lesser impact of your bus custotners and many of those arriving by air, as well as the restaurant elimination some seventy additional rooms still requires substantial additional parking space. Interesting enough the very weekend of the meeting there was not a parking space to be had in the immediate neighborhood and this was not even the season- 600076 Tim Ellis October 2, 2007 Page 2 Elimination of some rooms facing Casa Cody would help but clearly your site planning faces a real challenge to provide adequate parking now or in the future. For instance, if the hotel were to be sold to a new owner there might not be the same reliance on bus or air travelers. Thirdly, we found several of-the suggestions regarding architectural details rather constructive, particularly the idea of uncovering and restoring the wonderful vaulted roof line of the Stewart Williams designed Tahquitz Building. Apparently this would simply involve rernoving the parapet which was added during the last major remodel a decade and a half ago. You might even carry through the same idea in all or part of the new buildings,particularly on the Mountain Building South if this were lowered to two stories- Additionally, we have always very much admired the wonderful Moroccan key hole doors and windows located in the restaurant and front office building- It certainly would be architecturally interesting to repeat those features somewhere on the property. Those doors and windows could probably even be recycled. All of this would certainly go a long way to avoid a geleic look and fit in very well with the interesting architecture of the World Hotels collection which we understand you have joined. You might even cant'through the Moroccan theme in interior design being not only colorful and appealing but appropriate to the desert as well as to the eclectic surrounding neighborhood- Regarding the fourth issue; minimizing the construction impact on both your own property as well as the immediate neighborhood it seems you are certainly on the right track and we appreciate your thoughtfulness. We look forward to working with you and your architect on the project and would appreciate the opportunity to provide further input and obtain regular feedback before the issue goes before City bodies so that hopefully we can have a unified approach and eliminate conflict at that level. Meanwhile, the best of luck in your efforts- Sincerely, Frank Tysen and Therese Hayes cc: Fred Grant, Pacific Hospitality Group Earl Greenberg, Transactional Marketing Allen Sanborn, Architect Gene Dippel, President, Historic Tennis Club Organization Craig Blau, Owner, Chase Hotel Marshall Roath, Designer Roxami Ploss, Council Candidate a00075 CITY OF PALS I SPrNri$ 2002 JA?130 Phi 1: 30 January 28, 2008 J1aiiE5 T1s01`};•SOP1 CITY CLERit TO: Palm Springs Mayor and City Council for February 6, 2008 hearing FROM, Chase Hotel: Craig Blau and Kathleen O'Neal Casa Cody Inn. Frank Tysen and Ther6se Hayes Orbit Hideaway: Stan Amy and Christy Eugenis RE: Palm Mountain Expansion Proposal. Our concerns and reconnnendations 1. The Palm Mountain Proposal Palm Mountain wants to expand their number of rooms from 120 to 188. They propose to do so by demolishing their present non-functioning one story restaurant. It is located on the south end of their property adjacent to their parking lot which buffers them from the Chase Hotel. They also want to demolish the two story hotel building on their Westside, facing Casa Cody, along Cahuilla Road. Next they propose to replace both buildings by two new three story buildings. The parking calculations are rather confusing, but the project may fall short of perhaps up to 60 on site parking spaces required under our zoning code, not counting much needed employee parking. For this shortage they want to rely primarily on in lieu fees, managed parking and a series of parking credits for public street parking and touring bus visitors. They also intend to do some restriping from regular parking to compact parking which would gain them a few spaces. No major new on site parking is to be provided Since the new General Plan has downzoned the area from 43 units per acre to 15, to protect the neighborhood hotels against condo development, their present density is already non-conforming let alone allow for further development. To get around this problem they have proposed to change their zoning to Central Business District classification, allowing 70 units per acre, thus essentially seceding from the Historic Tennis Club Neighborhood. 2. Need for adequate parlring Given that the parking capacity of the immediate area is already seriously strained, we feel that regardless of what formula is used, additional real on site parking is necessary. One way this could be done is by going one level below their existing south end parking area. 000073 One Planning Commissioner, Tony Ringlein, who made the motion to approve the project, wants to shift responsibility for parking from the property owner to the city. She feels that in lieu fees could help to build a parking stricture across the street on Belardo. It has been our understanding all along that future parking structures were only to be developed along Indian Canyon Boulevard and not west of Palm Canyon. To preserve the unique character of the Tennis Club Historic District hotels we have always considered the area between Palm Canyon and Belardo as an important buffer zone. This is achieved by well landscaped surface parking lots rather than parking garages which, with their many problems, would certainly mar the vacation experience our visitors come to seek here. Furthermore, besides the questionable in lieu parking fees solution we have trouble with the various other approaches to create parking out of thin air, So called historic on street parking credits and tour-bus credits simply don't provide real parking spaces. What is worrisome is that if and when the property is sold there is no guarantee that the next owner will be involved in the tour-bus business. Furthermore, the amount of tour business appears overrated and when there are no buses—particularly on weekends ---the parking problem is really acute, Abolishing diagonal parking and restriping for compact panting also seems a faulty solution in view of the number of sports utility vehicles on the road. And their proposed straight in parking might produce ingress and egress problems since their lot does not appear wide enough —probably the reason for the original diagonal parking design. Going one level below their present surface parking does not seem to be desired by Palm Mountain because of cost considerations. As we will point out below there could be considerable cost savings with a changcd, less dense proposal which would free up money to do so Otherwise, with no realistic parking solution, the only alternative seems to be to considerably scale down or even forego the expansion. 3. Reduce Density, Height and Room Count The proposed three story new building replacing the present one story restaurant on the south end is clearly the main opportunity for acceptable development. The owners of the adjoining two story Chase Hotel, though not enthusiastic about the proposed three stories, feel that it would not impact thent badly enough to object to this proposal. A three story structure there would balance the existing three story building along Tahquitz on the north end, essentially providing two bookends on the property. Palm Mountain Expansion Proposal: our concerns and recormnendations 1-28-08 2 000077 However, the proposed three story proposal to replace the present 2 story westside building along Cahuilla across from Casa Cody is a matter of concern. First of all, a three story height here would no longer be an appropriate transition to the essentially one story neighborhood which character is at stake, Secondly, since this building is an east-west location three stories would affect the current mountain views for the community as well ironically for their own guests. Thirdly, the height of the three story building—several feet above the allowed 30 feet—does not conform to the zoning code. By not building a third story here it will reduce the unit count as well as the project density so that less on site parking will be required. Slicing off the third story would mean IS units less. They already have sliced 5 units from their original 193 unit proposal so that it would further reduce the unit count by 13 units. This is still not enough to solve the parking problem but anything helps. Without one level underground parking even the proposed new three story building on the south end might have to be reduced in height to meet parking requirements Therefore we propose that the present two story Westside building be preserved, rehabilitated and upgraded. Palm Mountain's contention is that the building is obsolete. If plumbing and electric are indeed outdated, an effective overhaul could be achieved at a fraction of the proposed replacement cost which savings could probably go a long way to permit one level of below grade parking as suggested above. 4. Maintain Current Architectural Feature Since the proposed expansion would eliminate the present Moroccan style restaurant, which historically has added charm to the property, why not incorporate some of those elements into existing and new construction to maintain the architectural tradition of the property and to fit in better with the unique character of the neighborhood? The appearance of the existing two story building along Cahuilla is quite generic and Moroccan keyhole arches which are now featured in the restaurant could easily be installed there particularly in the light of major anticipated savings which would be achieved by a retrofit instead of a complete replacement of the building Another feature that would give much character to the project is to restore the Stewart Williams designed multiple vaulted roof line of the three story North building along Tabquitz which are not visible now. This could easily be accomplished by removing the parapet which was added during the last remodel almost two decades ago Palm Mountain Expansion Proposal: our concerns and recommendations 1-28-08 3 5. Develop Better Rezoning Rationale for Expansion We are further concerned about a proposed General Plan Amendment to allow expansion under the rezoning to Central Business District. This would set a bad spot zoning precedent for the neighborhood as it could be used to justify other major non- conforming expansions,just as reduced parking requirements could come back to haunt the city with other projects who would request the same treatment. As mentioned earlier, the down zoning of the neighborhood in the New General Plan was intended to preserve the hotel character. It seems appropriate to allow for a certain amount of hotel expansion in the area providing that parl6ng and height criteria are met. If we are going to amend our brand new General Plan so soon it must be done carefully and thoughtfully by providing a different kind of overlay other than Central Business District spot zoning. A new overlay zone to allow moderate expansion should apply equally to potential expansion for all hotels in this area Palm Mo=uun Expansion Proposal: our concerns and recorrunendations 1-28-08 q ODQ079 r, - _ � ^_,_ ;=M-'''y= =-_: - - - _ 1•=,ems.>' - - _ - View of the Historic Tennis Club District strict immediately adjacent to the West and South of the Palm Mountain Resort b O O d a - ¢ •,'-y_..:�: '�'�aAi.'*I�xh'_ _: .: _ . . d1 _ �. kt�:.-�. _PA{�- 17.-.� ?1`Jry i J .'.fi.t >r "wF yy:ya:..•< __ `JY� �y� v.`.i q.H� � -i SS i I ��v ._ _ �iJ1l.-1'n-•rt;., � a:1•� I y��Y-•:^c. '_ v�,AY�1 � ` n� ,I,+^N l�f�� .tM�'",L �_- ��\�'�+ - -- - - Y-�151 i;��,{�YMY♦y�.� wt�:. '�Il.y�_�r v -- ^', Mvl"\�v- _ •.L'�F. �. �i_ •'� t �, F��'F%f li X. � rr'�, r; ., � •.7ryr � �.'' .'�.:' 911� #P,JLr y 10, 14 A. o r I I . F 0 One story single family home half a block from the Palm Mountain Resort b d d C=3 MjjjIjil�rr'. lllli- I a+ � 1 ^ q I y I xL III 1il ,. spy - Mi aT 11 u � I View of the two story Palm Mountain building and Chase Hotel along Cahuilla Road Across the street the one story Casa Cody and two story Villas in Old Palm Springs Page 1 of 1 Craig Ewing timelhs almmountainresortcom M C CEIVEQ From: Tim Ellis ] @P ] CITY OF PALii SPR!N1GS Sent: Wednesday, February 06, 2008 3.06 PM 2033 C To: craig,ewing@palmsprings-ca.gov. tom.wilson@palmsprings-ca.gov FEB _6 � � �° �� Subject: Palm Mountain Resort, Item 5.1162 PD342 ly1 i i'GS ;HOis"NSGiJ CITY CLEPH, Dear Craig and Tom, We are requesting a continuance of the Palm Mountain City Council hearing until February 20, 2008. Thank you, Bob Richardson Tim Ellis General Manager Palm Mountain Resort & Spa 155 South Belardo Palm Springs, CA 92262 Pb. (760) 325-1301 Cell: (760) 272-8108 Fax: (760)323-8937 timellis palmnnonntain r.esort.com www.nalmmountainresort.com ,'�,..�.. •'^+.;-,^,','�w'��" 1 i�J ...�r,..�,:,..\ .. .r.,..,r. ,Gr-n,..-:,,-,-,:.-�n.r^r�p.. .�,;,_Mc. . . .. ]� f.•iw.� •.,. -{"' N'A,tm 5P'R1'Nfa5 ' , az�olo fa?dt7Fj f�.Zta/TIo�IAG- 2/6/2008 ffK�,a r��� c�.�Nu),66�,�Drymriralhr 31 January 2008 a. :s > � d Honorable Mayor and Members of the City Council cz City of Palm Springs n -� 3200 East Tahquitz Canyon Way `. Palm Springs, CA 92262 ca c: Honorable Mayor and City Council Members: RE: CASE 5.1162 PD 342 (AS REVISED) PALM MOUNTAIN RESORT & SPA RENOVATION / EXPANSION The Board of the Historic Tennis Club Neighborhood Organization has reviewed the proposed Palm Mountain Resort & Spa project as approved by the Planning Commission on 9 January 2008. This proposed project is within the boundaries of our neighborhood organization, and has generated a great deal of discussion among Board members and the HTCNO members at large. This letter is written to convey the revised position of the Board of Directors to the proposed project. The project is taller in height and far denser than is currently allowed under the Downtown Urban Design Guidelines, the General Plan, and the zoning ordinance. Approval of the project would eliminate the current transition from two stories to one story as you proceed west from the urban core to the residential neighborhood. The project would also obstruct the mountain views for the properties on the east side of the resort. The Palm Mountain Hotel and Resort is in the Tennis Club District. It is NOT in the Downtown Central Core or the Outer Core. To allow the proposed increase in density and a three-story design that permeates the site would effectively move the downtown core two blocks farther into the residential neighborhood and would eliminate a smooth transition from one to the other. Please note that this position paper supersedes our previous letters to the Planning Commission on the same project. The HTCNO Board of Directors' previous support was based upon the precept that a four-story hotel would be situated between the Palm Mountain Resort and the neighborhood. Our 4 January 2008 letter to the Planning Commission, and the testimony offered at HTCN0 l�/6 /v 611 South Palm Canyon Drive 97220 Palm Springs, CA 92264-7453 www.htcno.org rltetomc r4_ve Cld 1VufA44vr0 waaOw that meeting, clearly qualified our position by stating that "Under normal circumstances, we would be strongly opposed to the proposed increase in height, since it would eliminate the current transition from two stories to one story as you proceed west from the downtown urban buildings to the residential neighborhood. The increased height would also block mountain views for properties east of the resort. However, in this particular instance, the City Council has already approved a much taller hotel (the Palms Hotel) immediately west of the Palm Mountain Resort. Approval of that project effectively removed the Palm Mountain Resort from the equation. It no longer serves as the transition point from the urban core to the residential neighborhood, and the Palm Hotel will now obstruct mountain views, regardless of whether the Palm Mountain Resort is two stories or three." With the recent stripping of entitlements granted to the Palm Hotel, the City Council has a rare opportunity to restore the vision of the community contained in the General Plan and the Downtown Urban Design Guidelines. That vision was the culmination of a number of years of collaborative effort between and among the members of the City Council, Planning Commission, General Plan Steering Committee, resident groups, business owners, and community visionaries. Please endorse the vision of Palm Springs contained in the Downtown Urban Design Guidelines and apply those conditions to the Palm Mountain Resort & Spa project as currently proposed. A scaled-down version of this project would e in keeping with the neighborhood and the community goals. ncerely, ti ene Dippel HTONO President copy: HTCNO Board Members Craig Ewing Edward Robertson HTCNO 611 South Palm Canyon Drive#7220 Palm Springs, CA 92264-7453 www.htcno org PALM �01- ' v City ®f Palm Springs 4 � + " Office of the City Clerk 4� ro°'°°onnreo' * i200 Ii "ringiurz C•myun W-ly ° Pnlm $prinks, Cllif0mi1 92262 Cq(IFO R��P Tcl (76U)323-5204 - Fan: (760) j 22-83j2 • Web: www.pulmYprinBy-(u.,,mv NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of February 6, 2008, Public Hearing Item No. I.F. CASE NO. 5.1162-GPA, APPLICATION 13Y PALM MOUNTAIN RESORT, LP, FOR A GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT DISTRICT 342, FOR THE REDEVELOPMENT OF THE EXISITING PALM MOUNTAIN RESORT AND SPA ON 2.77 ACRES LOCATED AT 155 SOUTH BELARDO ROAD The City Council continued the public hearing to Wednesday, February 20, 2008, at the Council Chamber, City Hall, 3200 Tahquitz Canyon Way, at 6:00 p.m., or as soon thereafter as possible. AFFIDAVIT OF POSTING State of California ) County of Riverside ) ss. City of Palm Springs ) I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5-30 p.m., February 7, 2008, as required by established policies and procedures. ames Thompson ` City Clerk HAISFRS\C-CLKkl-leanng Nohcee\NOTICE OF CONT- Palm Mounlain doc Posr Office Box 27,13 • Palm Springs, California 92263-2743