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HomeMy WebLinkAbout2/13/2008 - STAFF REPORTS - 3.A. ??ALMSp c+ V N F 4 o � •eenxt ' CITY COUNCIL STAFF REPORT DATE: February 13, 2008 New Business SUBJECT: CASE NO. 5.1188 — APPROVAL OF A CONFORMITY REPORT AND REVISED REVIEW PROCEDURE FOR THE PROPOSED AGUA CALIENTE CULTURAL MUSEUM, LOCATED ON TRIBAL TRUST LAND OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, LOCATED AT THE SE CORNER OF E. TAHQUITZ CANYON WAY AND S. HERMOSA, ZONE RA, SECTION 14. FROM: David H. Ready, City Manager BY: Planning Department SUMMARY The Agua Caliente Band of Cahuilla Indians (Tribe) proposes to build the Agua Caliente Cultural Museum (ACCM or "Museum"), located on Tribal Trust land in Section 14 and subject to the Agreement for Tribal / City Land Use Coordination ("Agreement"). This memo is presented as the City's (draft) Conformity Report as required by the Agreement. As detailed in this report, the Council may approve the Conformity Report, transmit it to the Tribe for their consideration and conclude its review of the project. RECOMMENDATION Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A CONFORMITY REPORT ON THE PROPOSED AGUA CALIENTE CULTURAL MUSEUM, LOCATED ON TRIBAL TRUST LAND OF THE AQUA CALIENTE BAND OF CAHUILLA INDIANS, ZONE RA, SECTION 14; DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE TRIBAL COUNCIL OF THE AQUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL FOR CASE 5.1188". PRIOR ACTIONS TAKEN ON THE PROJECT On December 18, 2007, the Planning Department for the Agua Caliente Band of Cahuilla Indians met with the City Planning Department to submit and discuss the Project Report on the Agua Caliente Cultural Museum. ITEM NO. _ — City Council Conformity Report February 13, 2006 Case. 5.1188/Agua Caliente Cultural Museum Page 2 of 8 On January 7, 2008, the Architectural Advisory Committee reviewed this project as submitted with many favorable comments and a 6-0 vote (Michael King absent) with the following suggestions: 1. Consider the Chuparosa and Desert Mallow plants for color interest. 2. Consider the North wall (facing vehicular traffic on Tahquitz Canyon Way) as an opportunity for a possible relief sculpture or message space; also consider the building's presence at the pedestrian scale. 3. All of the large volumes are an opportunity for culturally related architectural detail. On January 23, 2008, the Planning Commission reviewed this project as submitted and voted 6-0 to recommend approval of the Conformity Report to the City Council (see attached resolution and draft meeting minutes). BACKGROUND AND SETTING The proposed Museum will be located on the southeast corner of S. Hermosa Drive and E. Tahquitz Canyon Way, on 8.68 acres of vacant Tribal Trust land within Section 14. The site is predominantly flat and the plant species located on the site is the Sonoran creosote brush scrub. Although the project site is currently vacant, it is surrounded on three sides by existing development. Surrounding land uses consist of the Courtyard Marriot and Extended Stay America Hotels to the North; vacant land to the east, vacant land and the Plaza Racquet Club to the south, and office buildings to the west. The Courtyard Marriot and Extended Stay America Hotels are three stories in height, the Plaza Racquet Club is one story in height, and the office buildings are two stories in height. To the southeast of the site, on the southeast corner of Tahquitz Canyon Way and Sunrise Way is a smaller retail shopping center. The museum will be constructed in two phases. Phase one will consist of approximately 86,500 square feet and Phase Two will consist of 19,500 square feet. Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning North Hotel RA Resort Attraction RA Resort Attraction East Vacant RA Resort Attraction RA Resort Attraction South Commercial HR Residential High HR Residential High West Professional/Office REO Retail/Ent/Office REO Retail/Ent/Office LAND USE COORDINATION AGREEMENT The project site is located on Tribal Trust Land and subject to the Land Use Coordination Agreement established by the Palm Springs City Council and ACBCI Tribal Council. This Agreement recognizes the Tribe's sovereign authority within the 000002 City Council Conformity Report February 13, 2006 Case: 5.1188(Agua Caliente Cultural Museum Page 3 of 8 Reservation and provides for City review and comment on projects proposed on Tribal Trust Property, including the proposed museum. The enclosed Project Report prepared and submitted by the Tribe is the first formal step the review process outlined in the Land Use Coordination Agreement. The Report serves as an expanded project description and supports the site plans, landscape plans, elevations and other materials, which depict all pertinent information. These documents have been prepared to correspond with the submittal requirements of Planned Development District (PDD) process outlined in Section 94.03.00 of the Palm Springs Zoning Ordinance. Under the Agreement, the City responds to the Tribe's Project Report by preparation and transmittal of its own Conformity Report. This staff report is proposed as the Conformity Report for the proposed museum. (See additional discussion under "Amendment of Review Procedures", below.) PROJECT ANALYSIS SITE AND ACCESS The Museum site and 111,319 square foot building design respond to the specific orientations that define the site's location. The main visitor entry is oriented to the northwest, where Hermosa Drive and Tahquitz Canyon Way meet, to define its presence on the major arterial. A group or visitor entry exists along the south side of the facility between an outdoor education program area and a native plant specimen garden. Both entry processions bring visitors along a primary outdoor circulation curve, through gardens and shaded courts and corridors, past water features towards the Welcome Gallery. Outdoor paths provide visitors and staff a variety of routes around and throughout the facility responding to its multifaceted nature. BUILDING USES AND FEATURES The Museum is two stories, both of which are accessible at grade with the lower level being semi-subterranean. Using natural materials, the building will reflect elements from Cahuilla culture, including traditional architecture, pottery, and basketry. Its setting will offer visitors a glimpse of how the environment has shaped the region's history and culture. The main visitor entry of the Museum is located on the upper, Main Level along with most of the publicly accessible spaces. Also located on the Main Level will be a 150- seat theater, a 1,100 square foot museum store; a 2,000 square foot cafe; and the Museum's administrative offices. The public portions of the Lower Level include areas for educational programs and research opportunities including a 1,675 square foot multi-purpose room, a 659 square foot traditional crafts workshop, approximately 4,500 square feet of library/ archive offices, and 2,400 square feet of classroom and education office space. City Council Conformity Report February 13, 2006 Case: 5,1188/Agua Caliente Cultural Museum Page 4 of 8 The Museum will be a place of both local and national significance. It has been approved as the only West Coast affiliate of the Smithsonian Institute. The Cultural Museum can receive and exhibit artifacts from the Smithsonian Institute, CONFORMITY ANALYSIS LAND USE The Museum site is designated Resort Attraction (RA) under the Section 14 Master Development Plan Specific Plan (Master Plan), which permits museums; therefore conforming to Section 6.1.2 of the Master Plan. The project site is recognized as Opportunity Site B by the Specific Plan; however, no incentives are being sought by the museum project. The proposed Museum meets all of the base commercial development standards for the RP, land use designation except open space/landscaping requirements for high-rise buildings. BUILDING HEIGHT Portions of the building exceed 35 feet in height, and the Museum is therefore subject to the standards set forth under Section 6.2.5, High-rise Buildings, of the Master Plan. The Museum reaches a maximum height of the 44 feet, 10 inches at the very northeast corner of the structure. Even though the Museum qualifies as a high-rise building under the Master Plan, roughly 85 percent (47,163 square feet) of the overall 55,506 square foot roof area is at or below 35 feet in height. The Master Plan requires specific setbacks to compensate for the high-rise sections of the building. SETBACKS The Museum meets or exceeds all setbacks required by the Master Plan and the Palm Springs Zoning Ordinance. For high-rise buildings, the Master plan requires a minimum of one (1) foot setback distance from the short dimension of the lot and one and one- half (1.5) feet of horizontal setback distance from the long dimension of the lot for each one (1) foot of vertical rise of the buildings; all setbacks are measured from the property lines. Table 2 below identifies the setbacks required by the Master Plan and the Palm Springs Zoning Ordinance, and the setbacks proposed for the Museum. TABLE 2: SETBACKS Max Building Height Required Setbacks Proposed Setbacks Tahquitz Canyon Way—44'10" Tahquitz Canyon Way-45' Tahquitz Canyon Way-90' Hermosa Drive—28' Hermosa Drive—20' Hermosa Drive-- 160' Eastern Property Line—44'10" Eastern Property Line—90' Eastern Property Line—95' Southern Property Line—33' Southern Property Line—20' Southern Property Line—150' 000004 City Council Conformity Report February 13, 2006 Case: 5.11881 Agua Caliente Cultural Museum Page 5 of 8 Table 2 shows that the required setbacks for building height conform to the Master Plan and the Palm Springs Zoning Ordinance. OPEN SPACE / LANDSCAPING Per Section 6.2.14, Open Space/Landscaping, of the Master Plan, a minimum of 30 percent of the building site must be landscaped, which may include all of the front- and side-yard setbacks on a corner lot. Open spacellandscaping requirements for high-rise buildings state that "60 percent of a site area shall be developed as usable landscaped open space and outdoor living and recreation area"(Section 6.2.5.2 of the Master Plan). The proposed Museum provides 56 percent usable open space that incorporates regional native plants to provide water efficient landscaping and reinforce the cultural messages conveyed inside the exhibit galleries. Given that only 15 percent of the building is above 35 feet, the Tribe believes that the amount of usable landscaped open space is generous, compared to other developments within Section 14. Staff believes that the request is similar to those evaluated under the Planned Development process of Palm Springs Zoning Ordinance, Section 94.3.03.00(C)(5). Section 94.3.03.00(C)(5) states that open space for PD's shall be equal to or greater than the minimum open space requirement for the zone where the planned development is located. Zone RA requires a minimum of 30% and the project proposes 56%. The high-rise requirements are 60%. Under the RA regulations, the percentages do not conform; however, the intent of the PD is to allow certain desirable departures from the strict applications of the zoning ordinance. As mentioned above, only 15% of the building is above 35 feet high and the setbacks are far greater than required. The landscape plan includes primary outdoor circulation paths through gardens of native and water efficient plant material, shaded courts, and corridors past water features. As a result, staff believes the reduction of 4% of open space produces no adverse affect on the overall project and concludes that the proposed reduction in required open space is minor and conforms to the Planned Development process. PARKING The Project Report indicates that 198 vehicle parking spaces (including 7 handicap accessible spaces) are provided on site. Three spaces for bus loading are also shown, The Section 14 Master Plan refers to the Palm Springs Zoning Code for parking standards and staff reviewed the Code as it would apply to the museum project. The project includes several uses subject to parking standards: Museum, office, restaurant, theater and retail. Additional support space is provided in the form of halls, restrooms, storage, utilities and the like, which are deemed ancillary uses and not subject to parking standards. In reviewing the Palm Springs Zoning Code, staff notes that no parking standards are specifically called out for museums. Since this is the 000035 City Council Conformity Report February 13, 2006 Case: 5.1188/Agua Caliente Cultural Museum Page 6 of 8 primary use of space within the project, staff found that only the Mixed-Use Development or Public Assembly parking standards might apply to the project. However, the yield for these standards — 448 and 1,768 spaces, respectively — did not provide a reasonable basis for evaluation. Consequently, the Tribe conducted a specific parking study for the project to identify if the provided parking is sufficient. The Parking Study applied the following three methodologies to estimate future parking demand for the Museum: i) Palm Springs Zoning Ordinance Methodology, from various portions of "Off-Street Parking" from Section 93.06.00 ii) Institute of Transportation Engineers (ITE) Parking Generation Methodology, and iii) Parking Occupancy Methodology (see Appendix B, "Agua Caliente Cultural Museum Parking Study" of Environmental Assessment). Based on the analysis contained in the Parking Study, the Parking Occupancy method was chosen because the parking demand was determined by applying the parking rates at the Palm Springs Art Museum and the Palm Springs Air Museum. The Parking Study identified a parking ratio of one (1) space for every 564 gross square feet of building space. Therefore, the number of spaces required for the proposed 111,319 square foot Museum building is 198 parking spaces per the Parking Occupancy Methodology. The Project provides 198 spaces; however, during special events a parking shortage could be generated. Parking shortages for special events can be addressed by applying several different options including: 1) providing satellite parking and shuttle attendees on buses; 2) identifying the origin location of attendees and shuttle them on buses; 3) establishing a shared parking agreement with neighboring properties where special event attendees can park their vehicles when the Museum parking lot is at capacity; and 4) providing a temporary parking lot on a vacant lot within walking distance of the Museum. Staff believes the parking studies were thorough and conclusive. Because the Zoning Ordinance has no specifications for a museum, staff supports the model developed from both the Art Museum and the Air Museum. The Planned Development process allows for the creation of tailored standards for specific projects. In this instance, staff has concluded that the studies show that the parking is adequate if parking options are provided for special events. Traffic Study Based on the Traffic Study's analysis, an estimated net increase of 1,823 daily trips is anticipated to be generated by the Project. The museum's location along a Major Thoroughfare will allow for accommodation of this additional traffic; however, staff is suggesting several traffic improvement measures, including installation of a traffic signal at the intersection of Tahquitz Canyon Way and Hermosa Drive. 000036 City Council Conformity Report February 13, 2006 Case: 5A 1881 Agua Caliente Cultural Museum Page 7 of 8 Suggested Conditions of Approval In addition to the conditions related to traffic improvement measures, the City has developed a set of suggested conditions for consideration by the Tribe in its review of the project. These conditions are attached and made a part of this Conformity Report; they are primarily from the Engineering and Public Works Departments. AMENDMENT OF REVIEW PROCEDURES (LAND USE COORDINATION AGREEMENT) Staff also reviewed the project in light of the requirements of the Land Use Coordination Agreement which describes a specific process for review (see attached). However, Section 8 of the Agreement states that "this Agreement may be amended by mutual agreement by the parties..." Both City and Tribal planning staffs sought to expedite the review process and developed the following alternative approach: 1. City staff would prepare a single Administrative Analysis / (Draft) Conformity Report ("Report") and present it to the City Council for approval on February 6, 2008. (This staff report constitutes the City's Conformity Report.) 2. A copy of the draft Report would be presented to Tribal planning staff in advance of the Council meeting. At its option, the Tribe may prepare a response to the Report; it would not be required to do so. 3. Upon approval of the Report by the City Council, it would be forwarded to the Tribe. No other action would be taken by the City Council. 4, The City and Tribe would not conduct a Joint Council meeting. Amendments to Section 3, 4, and 5 of the Agreement are justified in this case due to the general conformity of the project to the applicable city land use policies, as contained in the Section 14 Master Plan. As noted in the attached letter dated January 15, 2008 from Mr. Thomas J. Davis, AICP, Chief Planning and Development Officer for the Tribe, the Tribe agrees with the revised process described above. Therefore, in support and continued maintenance of the cooperative relationship between the City and the Tribe, staff recommends that the City Council revise the procedures of the Agreement as described above, and in concert with the Tribe's agreement, waive the joint Council Meeting for this project. ENVIRONMENTAL ASSESSMENT An Environmental Assessment (EA) has been prepared for the Museum. The EA analyzed the potential effects of the proposed Museum including impacts related to 000007 City Council Conformity Report February 13, 2006 Case: 5.1188/Agua Caliente Cultural Museum Page 8 of 8 aesthetics, air quality, biological resources, cultural resources, geology/soils, land use, noise, parking, population and housing, public safety, public utilities, traffic and circulation, and water quality and drainage. Based on the analysis contained in the EA and the mitigation measures it incorporates into the proposed Project, no adverse impacts to environmental or cultural resources are anticipated. CONCLUSION The Agua Caliente Cultural Museum is a unique development project that generally conforms to the standards of the RA Zone of the Section 14 Specific Plan (Master Plan) and associated provisions of the Palm Springs Zoning Ordinance. Staff has prepared this report as the project's Conformity Report for approval by the City Council under the terms of the Agreement for Tribal / City Land Use Coordination on Certain Parcels. Staff recommends City Council approve the Conformity Report for Case 5.1188 (with attached suggested conditions of approval) for transmittal to the Tribal Council and also waive the requirement for a Joint Meeting. NOTIFICATION A public hearing notice is not required for this project. FISCAL IMPACT No fiscal impact. aig E. ing, AIC Thomas J. WilsojJ/ Dire(Gtoiof PlanniR/fiolrvices Assistant City Manager, Dev't Services David H. Ready, City M r ATTACHMENTS 1. Vicinity Map 2. Draft Resolution with Revised Recommended Conditions of Approval 3. Planning Commission Conformity Report 4. Planning Commission Meeting Minutes of January 23, 2008 (draft excerpt) 5. Reductions 6. Tribal / City Land Use Coordination Agreement (excerpt) 7. Copy of Letter (January 15, 2008) from Thomas J. Davis, AICP Chief Planning and Development Officer 8. Agua Caliente Cultural Museum Project Report (City Council only) 00000s N Department of Planning Services W+E Vicinity Map 5 ANORFFAS RO . I I p I ml I I E TAHOUIM CANYON WY I I I yl ARENAS R� ARENASRC ARENAS RD II �I --I GOLFTAST I I Legend ARIS ORO ---LL. 400 Foot Radius o ❑f-pANY CIRCLE S TIFFANY CIRC4E N ® Project Site I Surrounding Parcels I CITY OF PALM SPRINGS CASE. NO: 5.1188 Conformity DESCRIPTION: Report Proposal to build a 111,319 square foot, state-of-the- art, bilingual cultural center with associated APPLICANT. Agua Caliente Band of landscaping on 8.68 acres located in section 14 and Cahuilla Indians governed by Section 14 Specific Plan (Master Plan) anao�s RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A CONFORMITY REPORT ON THE PROPOSED AGUA CALIENTE CULTURAL MUSEUM, LOCATED ON TRIBAL TRUST LAND OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, ZONE RA, SECTION 14; DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE. TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL FOR CASE 5.1188 WHEREAS, on December 15, 1998, the City Council of Palm Springs and the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into a "Land Use Coordination Agreement" which provides for City review and comment on projects outside of the "Land Use Agreement" of 1977, while retaining the Tribe's final approval and authority over projects on Tribal Land; and WHEREAS on February 3, 1999, the City and the Tribe amended the "Land Use Agreement" of 1977 with Supplement No. 5, which exempted all Tribal lands from the "Land Use Agreement" of 1977 subject to the aforementioned "Land Use Coordination Agreement'; and WHEREAS, pursuant to Section 8 of said Agreement, the City Council and Tribal Council may waive procedural requirements of the Agreement, as follows: 118. Waiver. With the approval of both parties, any part of the foregoing process may be waived if the Project is not deemed significant or if the project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated." and WHEREAS, on December 18, 2007 the Tribe submitted to the City a Project Report for a proposed Cultural Museum located on the southeast corner of S. Hermosa Drive and E. Tahquitz Canyon Way, on 8.68 acres of vacant Tribal Trust land within Section 14; and WHEREAS, said Project Report was transmitted to the City for review and comment under the terms of the Agreement, including review by the Planning Commission of a Conformity Report; and WHEREAS, On January 7, 2008 the Architectural Advisory Committee reviewed this project as submitted and voted to recommend approval to City Council by a 6-0 vote (Michael King absent) including three suggestions; and aaoo�o Resolution No. Page 2 WHEREAS, On January 23, 2008 the Planning Commission reviewed the draft Conformity Report and 6-0 to recommend approval of the Conformity Report to the City Council; and WHEREAS, On February 13, 2008, the City Council conducted a public meeting at which meeting the Council considered the matter, including the Tribe's Project Report, a draft Conformity Report (dated February 6, 2008) and related exhibits; and WHEREAS, The City Council herby adopts as its own findings of fact the facts contained in the draft Conformity Report (dated February 6, 2008); and WHEREAS, the City Council has concluded that the proposed Agua Caliente Cultural Museum is a unique development project that generally conforms to the standards of the RA Zone of the Section 14 Specific Plan (Master Plan), and associated provisions of the Palm Springs Zoning Ordinance, such that it is "not deemed significant under the terms of the Agreement and such that the certain procedures may be waived under Section 7 of the Agreement. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The Conformity Report (dated February 13, 2008), including the suggested conditions contained in Exhibit "A" attached and made a part thereto, is hereby approved and staff is directed to transmit said Report to the Tribe. SECTION 2: The requirement of Section 5 of the "Agreement for Tribal / City Land Use Coordination on Certain Parcels" for a Joint Meeting is hereby waived for Case 5.1188. ADOPTED THIS 131h day of February, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 00001.1 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 0D0012 RESOLUTION NO. EXHIBIT A Case No, 5.1188 SE Corner of E. Tahquitz Canyon Way and S. Hermosa Drive City Council February 13, 2008 The recommended conditions below are provided by the Fire Chief and the City Engineer or their designee, depending on which department recommended the condition. The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. FIRE Fire Department Conditions were based on the 2001 California Fire Code. 1, Plot Plan: Prior to completion of the project, a 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 locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 2. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 3. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 4. Automatic Fire Sprinklers: An approved NFPA 13 Automatic Fire Sprinkler System is required. 5. Standpipes: Standpipe system to be provided as set forth in Table 1004-A. 1 OOg0�3 6. Fire Flow: The required fire flow for the 116,590 SF Type II One-Hour rated building construction has been determined to be 1,500 GPM with an automatic fire sprinkler system. 7. Audible Water Flow Alarms: An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 8. Dampers and Detectors: Smoke Dampers and Activating Smoke and/or Heat Detectors shall be in accordance with the 2001 CBC and must be installed separately from the Fire Alarm System. The signals for these devices shall not be included with any fire alarm or water flow signal. These devices may be tied into the Fire Alarm Control Panel for annunciation purposes only. 9. HVAC Duct Detection/Shut Down: All HVAC systems supplying greater than 2,000 CFM shall require a duct detector and HVAC shut down when smoke is detected. (NFPA 72) 10, Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). 11. 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. 12. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. 13. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.) All control valves shall be locked in the open position. Valve and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. (1003.3.1 CFC) 2 0000 14. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: 15. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 16. 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 Applicant must add required access routes to the existing plans to meet code requirements and submit changes to the fire department for approval. 17. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 18. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 43 feet. 19. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 20. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) 21. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 3 0000 .5 22. 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. 23. 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) 24. Fire Hydrant(s): Operational fire hydrant(s) shall be available to this project. To be considered available, the closest hydrant must be within 250 feet of all points on the street fronting the project. (903.4.2 CFC) Appendix III-B 25. 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, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition) 26. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location no more than 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 27. Commercial Cooking Hood & Duct System components to meet National Fire Protection Association standards, California Fire Code, and California Mechanical Codes. Construction Requirements: 28. 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. 002 CFC) 4 000026 29. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable 30. doors and windows. (8.04260 PSMC) Gates 31. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 32. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). ENGINEERING STREETS 33. It is recommended that a City of Palm Springs Encroachment Permit be issued for construction of any improvements within the public right-of-way. 34. It is recommended that the applicant submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. It is recommended that the plans be approved by the City Engineer prior to issuance of any grading or building permits. 35. It is recommended that the Master planned roadways (Tahquitz Canyon Way and Hermosa Drive) be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein. 36. When public dedications of easements or rights-of-way over Tribal land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements. Required public dedications for easements or rights-of-way are "without limitation as to tenure'; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, shall not be accepted unless otherwise allowed by the City Engineer. 37. It is recommended that upon completion of recommended improvements by the applicant, and as a condition of acceptance by the City Engineer, the applicant prepare for the City Engineer's approval of an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for any improvements constructed by the applicant for which an easement was dedicated to the City through the Bureau of Indian Affairs. The Affidavit of ,5 000017 Completion should be provided to and approved by the City Engineer prior to final acceptance of the recommended improvements. The applicant should be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. TAHOUITZ CANYON WAY 38. It is recommended that right-of-way be dedicated for a property line - corner cut-back at the southeast corner of the intersection of Tahquitz Canyon Way and Hermosa Drive, in accordance with City of Palm Springs Standard Drawing No. 105. 39. At the time that a comprehensive shuttle/bus route system for the Section 14 Master Development Plan area is planned, it is recommended that the applicant coordinate with the City on the design and layout of, and accommodate an on-street shuttle/bus stop on the south side of Tahquitz Canyon Way east of Hermosa Drive in accordance with the Section 14 Final Master Development Plan Specific Plan (dated November 2004). 40. It is recommended that the existing street improvements be removed as necessary to construct a minimum 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201, with the centerline of the driveway approach located approximately 540 feet east of the centerline of Hermosa Drive as shown on the approved site plan. 41. It is recommended that in lieu of the proposed meandering sidewalk, that the existing sidewalk along the entire frontage be widened by 2 to 3 feet with flagstone or similar paving, consistent with the "Indian Culture and Art Walk" described in the Section 14 Final Master Development Plan Specific Plan (dated November 2004)_ It is recommended that other improvements, including large boulders with inscriptions describing Indian and Section 14 history be provided, in consultation with Tribal staff and as recommended by the Director of Planning Services. It is recommended that the applicant furnish and install artwork relating to Indian culture along the frontage. 42. It is recommended that in accordance with the Section 14 Final Master Development Plan Specific Plan (dated November 2004), the applicant plant Washingtonia fitifera palm trees along the Tahquitz Canyon Way frontage, at 60 feet spacing, and two canopy shade trees between each new palm tree at 30 feet spacing, and a 3 feet high evergreen hedge at the curb, as recommended by the Director of Planning Services. It is recommended that the palm trees be uplighted, consistent with existing palm tree lighting along the Tahquitz Canyon Way corridor. It is recommended that the applicant be responsible for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage. 6 000018 43. It is recommended that the applicant design and install an electrical system for installation of Tahquitz Canyon Way decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. It is recommended that the applicant furnish and install the decorative light fixtures, luminaires and supporting electrical system. It is recommended that the electrical system be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as recommended by the City Engineer. It is recommended that the lighting system be installed and operational, and accepted for operation and maintenance by the City, prior to acceptance of recommended improvements, unless otherwise allowed by the City Engineer. 44. It is recommended that all broken or off grade street improvements be repaired or replaced_ HERMOSA DRIVE 45. At the time that a comprehensive Internal Pedestrian Path/Bike Path for the Section 14 Master Development Plan area is planned, it is recommended that the applicant coordinate with the City on the design and alignment of, and accommodate an Internal Pedestrian Path/Bike Path along the east side of Hermosa Drive in accordance with the Section 14 Final Master Development Plan Specific Plan (dated November 2004). 46. It is recommended that the applicant construct a 6 inch curb and gutter, 20 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 47. It is recommended that driveway approaches be constructed to accommodate bay parking stalls along the Hermosa Drive frontage in accordance with City of Palm Springs Standard Drawing No. 201, and that bay parking stalls be located completely on-site, behind sidewalk, and not within public right-of-way. 48. It is recommended that a 32 feet wide driveway approach be constructed in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 250 feet south of the centerline of Tahquitz Canyon Way. 49. It is recommended that a Type C curb ramp be constructed, meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 214, It is recommended that the applicant ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and that the applicant adjust the location of the access ramps, if necessary, to meet ADA 7 0000 guidelines, subject to the recommendation of the City Engineer and ADA Coordinator. It is recommended that, if necessary, additional pedestrian and sidewalk easements be provided on-site to construct a path of travel meeting ADA guidelines. 50. It is recommended that a 5 feet wide sidewalk be constructed along the entire frontage in accordance with City of Palm Springs Standard Drawing No, 210, 51. It is recommended that pavement be constructed, with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire Hermosa Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110. It is recommended that if an alternative pavement section is proposed, that the proposed pavement section be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 52. It is recommended that all broken or off grade street improvements be repaired or replaced. SANITARY SEWER 53. It is recommended that all sanitary facilities shall be connected to the public sewer system and that new laterals not be connected at manholes. 54. The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. It is recommended that the fee be paid prior to, or concurrently with issuance of building permits. GRADING 55. Prior to initiating any clearing and grubbing, and throughout the duration of construction of the project, it is recommended that the applicant's grading contractor be required to comply with Chapter $.50 of the City of Palm Springs Municipal Code, and 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. 56. It is recommended that a mylar copy of the approved Grading Plan be provided to the Engineering Division for the City's information, use, and files. R 000020 DRAINAGE 57_ Direct release of on-site nuisance water or stormwater runoff to Hermosa Drive and Tahquitz Canyon Way is not recommended by the City. It is recommended that provisions for the interception of nuisance water from entering adjacent public streets from the project site be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 58. It is recommended that storm drain improvement plans be submitted for review and approval by the City Engineer for all on-site storm drainage facilities with direct connection to off site storm drain facilities. 59. It is recommended that the applicant prepare flood control improvement plans prepared by a California registered civil engineer for review and approval by the Riverside County Flood Control & Water Conservation District (RCFC) for construction of the extension of Storm Drain Line 9 from the Baristo Channel to Arenas Road, as identified on the Master Drainage Plan for the Palm Springs Area. The storm drain improvement plans should be approved by RCFC prior to approval of a grading plan. 60. It is recommended that drainage improvements be constructed, including but not limited to catch basins, storm drain lines, and water quality treatment unit(s), for drainage of the project into the proposed Storm Drain Line 9 extension, as described in a final Hydrology Study reviewed and recommended for approval by RCFC and the City Engineer. 61. The project is subject to drainage implementation fees, however, validated costs incurred by the applicant for design and construction of Storm Drain Line 9 may be credited toward the drainage fee otherwise due. At the request of the applicant, the City may enter into a reimbursement agreement with the applicant for reimbursement of excess costs. Following completion and acceptance of the construction of Storm Drain Line 9 by RCFC and the City Engineer, if reimbursement of excess costs is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Drainage Reimbursement Agreement. The Drainage Reimbursement Agreement is subject to the City Council's review and approval, and its approval is not guaranteed nor implied by this recommendation. GENERAL 62. It is recommended that any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. It is recommended that the applicant be 9 000021 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, if recommended by the City Engineer. It is recommended that the pavement condition of the existing off-site streets be returned to a condition equal to or better than existed prior to construction of the proposed development. 63. It is recommended that all proposed utility lines be installed underground. 64. It is recommended that all existing utilities be shown on the improvement plans required for the project and that the existing and proposed service laterals be shown from the main line to the property line. 65. It is recommended that upon approval of any improvement plan by the City Engineer, that the improvement plan 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. It is recommended that any variation of the type and format of the digital data submitted to the City, be authorized by prior approval of the City Engineer. 66. It is recommended that the original improvement plans prepared for the proposed development and approved by the City Engineer be documented with record drawing "as-built' information and returned to the Engineering Division prior to acceptance of recommended improvements. It is recommended that any modifications or changes to approved improvement plans be submitted to the City Engineer for approval prior to construction. 67. It is recommended that nothing 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 in accordance with City of Palm Springs Zoning Code Section 93.02.00, D. 68. It is recommended that all proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. TRAFFIC ]0 000022 69. It is recommended that a traffic signal be installed at the intersection of Tahquitz Canyon Way and Hermosa Drive. It is recommended that the applicant submit traffic signal installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer, and that the traffic signal be installed and operational prior to completion of the project, unless otherwise allowed by the City Engineer. 70. Costs incurred by the applicant for design and construction of a traffic signal at the intersection of Tahquitz Canyon Way and Hermosa Drive may be credited toward the applicant's fair share contribution otherwise due. The applicant's fair share contribution to a traffic signal is currently estimated at 17.33%, subject to further evaluation by the applicant's traffic engineer (RK Engineering Group), and approval by the City Engineer. At the request of the applicant, the City may enter into a reimbursement agreement with the applicant for reimbursement of excess costs. Fallowing completion and acceptance of the traffic signal by the City Engineer, if reimbursement of excess costs is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Reimbursement Agreement. The Reimbursement Agreement is subject to the City Council's review and approval, and its approval is not guaranteed nor implied by this recommendation. 71. It is recommended that a minimum of 48 inches of clearance be provided on public sidewalks or pedestrian paths of travel within the development, for handicap accessibility. The City recommends that minimum clearance on public sidewalks be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the Tahquitz Canyon Way and Hermosa Drive frontages. 72_ It is recommended that a Type R6-1 "One Way" sign be installed within the Tahquitz Canyon Way median, opposite the driveway located on the south side of Tahquitz Canyon Way. 73. It is recommended that construction signing, lighting and barricading be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, it is recommended that all construction signing, lighting and barricading be in accordance with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated September 26, 2006, or subsequent editions in force at the time of construction. 74. It is recommended that the Transportation Uniform Mitigation Fee (TUMF), or an equivalent in lieu fee, be paid prior to issuance of building permit, in accordance with the Coachella Valley Association of Governments TUMF Program. tt g0pOZ3 @pALMSp-pi ti 2 41 1FORIP Planning Commission Staff Report Date: January 23, 2008 Case No.: 5.1188 Conformity Report Application Type: Agua Caliente Cultural Museum Project Report Location: SE Corner of E. Tahquitz Canyon Way and S. Hermosa Drive Applicant: Agua Caliente Band of Cahuilla Indians Zone: RA (Resort Attraction, Section 14 Master Development Plan, Specific Plan) General Plan: RA (Resort Attraction, Section 14 Master Development Plan, Specific Plan) APN: 508-100-038, 508-100-040 From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Diane A. Bullock, Associate Planner PROJECT DESCRIPTION The Agua Caliente Band of Cahuilla Indians (Tribe) proposes to build a state-of-the-art bilingual cultural center titled The Agua Caliente Cultural Museum (ALCM or Museum) that will preserve and revive many aspects of the Agua Caliente native culture. The project proposal includes an 111,319 square foot building and associated landscaping on 8.68 acres located in Section 14 and governed by the Section 14, Specific Plan (Master Plan) 000024 Planning Commission Staff Report January 23, 2006 Case: 5.1188 A Conformity Report Page 2 of 7 RECOMMENDATION Adopt Resolution No. "A RESOLUTION RECOMMENDING APPROVAL BY CITY COUNCIL OF A CONFORMITY REPORT ON THE PROPOSED AGUA CALIENTE CULTURAL MUSEUM, LOCATED ON TRIBAL TRUST LAND OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, ZONE RA, SECTION 14, DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL FOR CASE 5.1188". PRIOR ACTIONS TAKEN ON THE PROJECT On December 18, 2007, the Planning Department for the Agua Caliente Band of Cahuilla Indians met with The City Planning Department to submit and discuss the Project Report on the Agua Caliente Cultural Museum. On January 7, 2008, the Architectural Advisory Committee reviewed this project as submitted with many favorable comments and the following suggestions: 1. Consider the Chuparosa and Desert Mallow plants for color interest. 2. Consider the North wall as an opportunity for a possible relief or message that would relate to vehicular traffic, and also the building's presence at the pedestrian scale. 3. All of the large volumes are an opportunity for culturally related architectural detail. BACKGROUND AND SETTING Located at the southeast corner of E. Tahquitz Canyon Way and Hermosa Drive, the project site is situated within an already-improved area of the city. Although the project site is currently vacant, it is surrounded on three sides by existing development. The site is predominantly flat and the plant species located on the site is the Sonoran creosote brush scrub. The proposed Museum will be located on the southeast corner of S. Hermosa Drive and E. Tahquitz Canyon Way, on 8.68 acres of vacant Tribal Trust land within Section 14. Surrounding land uses consist of the Courtyard Marriot and Extended Stay America Hotels to the North; vacant land to the east, vacant land and the Plaza Racquet Club to the south, and office buildings to the west. The Courtyard Marriot and Extended Stay America Hotels are three stories in height, the Plaza Racquet Club is one story in height, and the office buildings are two stories in height. To the southeast of the site, on the southeast corner of Tahquitz Canyon Way and Sunrise Way is a smaller retail shopping center. The project site is recognized as Opportunity Site B by the Specific Plan. The museum will be constructed in two phases. Phase one will consist of approximately 86,500 square feet and Phase Two will consist of 19,500 square feet. 000OZ5 Planning Commission Staff Report January 23, 2006 Case' 5.1188 A Conformity Report Page 3 of 7 Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning North Hotel RA Resort Attraction RA Resort Attraction East Vacant RA Resort Attraction RA Resort Attraction South Commercial HR Residential High HR Residential High West Professional/Office REO Retail/Ent/Office REO Retail/Ent/Office LAND USE COORDINATION AGREEMENT The project site is located on Tribal Trust Land and subject to the Land Use Coordination Agreement established by the Palm Springs City Council and Tribal Council on February 3, 1999, which provides for City review and comment on projects proposed on Tribal Trust Property. This agreement sets forth a process for City review of the proposed museum, including the preparation and transmittal of this conformity report. PROJECT ANALYSIS PROJECT REPORT The submitted Project Report serves as an expanded project description and goes "hand in hand" with other submittal documents including site plans, landscape plans, and elevations, which depict all pertinent information. These documents have been prepared to correspond in most material respects to the planned development district (PD) process outlined in Section 94.03.00 of the Palm Springs Zoning Ordinance. SITE AND ACCESS The Museum site and 111,319 square foot building design respond to the specific orientations that define the site's location. The main visitor entry is oriented to the northwest, where Hermosa Drive and Tahquitz Canyon Way meet, to define its presence on the major arterial. A group or visitor entry exists along the south side of the facility between an outdoor education program area and a native plant specimen garden. Both entry processions bring visitors along a primary outdoor circulation curve, through gardens and shaded courts and corridors, past water features towards the Welcome Gallery. Outdoor paths provide visitors and staff a variety of routes around and throughout the facility responding to its multifaceted nature. BUILDING USES AND FEATURES The Museum is two stories, both of which are accessible at grade with the lower level being semi-subterranean. Using natural materials, the building will reflect elements from Cahuilla culture, including traditional architecture, pottery, and basketry. Its setting will offer visitors a glimpse of how the environment has shaped the region's history and 000026 Planning Commission Staff Report January 23, 2006 Case: 5.1188 A Conformity Report Page 4 of 7 culture. The Museum will be a place of both local and national significance. It has been approved as the only West Coast affiliate of the Smithsonian Museum. The main visitor entry of the Museum is located on the upper, Main Level along with most of the publicly accessible spaces. Also located on the Main Level will be a 150- seat theater, a 1,100 square foot museum stare; a 2,000 square foot cafe; and the Museum's administrative offices. The public portions of the Lower Level include areas for educational programs and research opportunities including a 1,675 square foot multi-purpose room, a 659 square foot traditional crafts workshop, approximately 4,500 square feet of library/ archive offices, and 2,400 square feet of classroom and education office space. CONFORMITY ANALYSIS LAND USE The Museum site is designated Resort Attraction (RA) under the Section 14 Master Development Plan Specific Plan (Master Plan), which permits museums; therefore conforming to Section 6.1.2 of the Master Plan. The proposed Museum meets all of the base commercial development standards for the RA land use designation except open space/landscaping requirements for high-rise buildings. BUILDING HEIGHT Portions of the building exceed 35 feet in height, and the Museum is therefore subject to the standards set forth under Section 6.2.5, High-rise Buildings, of the Master Plan. The Museum reaches a maximum height of the 44 feet, 10 inches at the very northeast corner of the structure. Even though the Museum qualifies as a high-rise building under the Master Plan, roughly 85 percent (47,163 square feet) of the overall 55,506 square foot roof area is at or below 35 feet in height. The Master Plan requires specific setbacks to compensate for the high-rise sections of the building. SETBACKS The Museum meets or exceeds all setbacks required by the Master Plan and the Palm Springs Zoning Ordinance. For high-rise buildings, the Master plan requires a minimum of one (1) foot setback distance from the short dimension of the lot and one and one- half (1.5) feet of horizontal setback distance from the long dimension of the lot for each one (1) foot of vertical rise of the buildings; all setbacks are measured from the property lines. Table 2 below identifies the setbacks required by the Master Plan and the Palm Springs Zoning Ordinance, and the setbacks proposed for the Museum. U00027 Planning Commission Staff Report January 23, 2006 Case: 5.1188 A Conformity Report Page 5 of 7 TABLE 2: SETBACKS Max Building Height Required Setbacks Proposed Setbacks Tahquitz Canyon Way—44'10" Tahquitz Canyon Way-45' Tahquitz Canyon Way—90' Hermosa Drive—28' Hermosa Drive—20' Hermosa Drive— 160' Eastern Property Line--44"0" Eastern Property Line—90' Eastern Property Line—95' Southern Property Line—33' Southern Prop rty Line —20' Southern Property Line— 150' Table 2 shows that the required setbacks for building height conforms to the Master Plan and the Palm Springs Zoning Ordinance. OPEN SPACE / LANDSCAPING Per Section 6.2.14, Open Space/Landscaping, of the Master Plan, a minimum of 30 percent of the building site must be landscaped, which may include all of the front- and side-yard setbacks on a corner lot. Open space/landscaping requirements for high-rise buildings state that "60 percent of a site area shall be developed as usable landscaped open space and outdoor living and recreation area"(Section 6.2.5.2 of the Master Plan). The proposed Museum provides 56 percent usable open space that incorporates regional native plants to provide water efficient landscaping and reinforce the cultural messages conveyed inside the exhibit galleries. Given that only 15 percent of the building is above 35 feet, the Tribe believes that the amount of usable landscaped open space is generous compared to other developments within Section 14. Staff believes that the request is similar to those evaluated under the Planned Development process of Palm Springs Zoning Ordinance, Section 94.3.03.00(C)(5). Section 94.3.03.o0(C)(5) states that open space for PD's shall be equal to or greater than the minimum open space requirement for the zone where the planned development is located. Zone RA requires a minimum of 30% and the project proposes 56%. The high-rise requirements are 60%. Under the RA regulations, the percentages do not conform; however, the intent of the PD is to allow certain desirable departures from the strict applications of the zoning ordinance. As mentioned above, only 15% of the building is above 35 feet high and the setbacks are far greater than required. The landscape plan includes primary outdoor circulation paths through gardens of native and water efficient plant material, shaded courts, and corridors past water features. As a result, staff believes the reduction of 4% of open space has no adverse affect on the project overall and concludes that the proposed reduction in required open space is minor and conforms to the Planned Development process. 000028 Planning Commission Staff Report January 23, 2006 Case: 5.1188 A Conformity Report Page 6 of 7 PARKING AND TRAFFIC The Project Report indicates that 198 vehicle parking spaces (including 7 handicap accessible) are provided on site. Three spaces for bus loading are also shown. The Section 14 Master Plan refers to the Palm Springs Zoning Code for parking standards and staff reviewed the Code as it would apply to the museum project. The project includes several uses subject to parking standards: Museum, office, restaurant, theater and retail. Additional support space is provided in the form of halls, restrooms, storage, utilities and the like which deemed ancillary uses and not subject to parking standards. In reviewing the Palm Springs Zoning Code, staff notes that no parking standards are specifically called out for museums. Since this is the primary use of space within the project, staff found that only the Mixed-Use Development or Public Assembly parking standards might apply to the project. However, the yield for these standards — 448 and 1,768 spaces, respectively— did not provide a reasonable basis for evaluation. Consequently, the Tribe conducted a specific parking study for the project to identify if the provided parking is sufficient. The Parking Study applied the following three methodologies to estimate future parking demand for the Museum: i) Palm Springs Zoning Ordinance Methodology, from various portions of "Off-Street Parking" from Section 93.06.00 ii) Institute of Transportation Engineers (ITE) Parking Generation Methodology, and iii) Parking Occupancy Methodology (see Appendix B, "Agua Caliente Cultural Museum Parking Study" of Environmental Assessment). Based on the analysis contained in the Parking Study, the Parking Occupancy method was chosen because the parking demand was determined by applying the parking rates at the Palm Springs Art Museum and the Palm Springs Air Museum. The Parking Study identified a parking ratio of one (1) space for every 564 gross square feet of building space. Therefore, the number of spaces required for the proposed 111,319 square foot Museum building is 198 parking spaces per the Parking Occupancy Methodology. The Project provides 198 spaces, however, during special events a parking shortage could be generated. Parking shortages for special events can be addressed by applying several different options including: 1) providing satellite parking and shuttle attendees on buses; 2) identifying the origin location of attendees and shuttle them on buses; 3) establishing a shared parking agreement with neighboring properties where special event attendees can park their vehicles when the Museum parking lot is at capacity; and 4) providing a temporary parking lot on a vacant lot within walking distance of the Museum. Staff believes the parking studies were thorough and conclusive. Because the Zoning Ordinance has no specifications for a museum, staff supports the model developed from both the Art Museum and the Air Museum. The Planned Development process allows for the creation of tailored standards for specific projects. In this instance, staff has 000029 Planning Commission Staff Report January 23, 2006 Case: 5.1188 A Conformity Report Page 7 of 7 concluded that the studies show that the parking is adequate if parking options are provided for special events. Traffic Study Based on the Traffic Study's analysis an estimated net increase of 1,823 daily trips is anticipated to be generated by the Project. Based on this report, staff is recommended several traffic improvement measures, including installation of a traffic signal at the intersection of Tahquitz Canyon Way and Hermosa Drive. Other conditions of approval are recommended by the Engineering and Fire Departments for consideration by the Tribe in its review of the project. ENVIRONMENTAL ASSESSMENT An Environmental Assessment (EA) has been prepared for the Museum. The EA analyzed the potential effects of the proposed Museum including impacts related to aesthetics, air quality, biological resources, cultural resources, geology/soils, land use, noise, parking, population and housing, public safety, public utilities, traffic and circulation, and water quality and drainage. Based on the analysis contained in the EA and the mitigation measures it incorporates into the proposed Project, no adverse impacts to environmental or cultural resources are anticipated. CONCLUSION The Agua Caliente Cultural Museum is a unique development project that generally conforms to the standards of the RA Zone of the Section 14 Specific Plan (Master Plan) and associated provisions of the Palm Springs Zoning Ordinance. Staff has prepared this report as the project's Conformity Report for approval by the City Council. Staff recommends that the Planning Commission recommend that the City Council approve the Conformity Report for case 5.1188. NOTIFICATION A public hearing notice is not required for this project. Diane A. Bullock Craig A. Ewing, AICP Associate Planner Director of Planning Services ATTACHMENTS 1. Vicinity Map 2. Resolution with Recommended Conditions of Approval 3. Reductions 4. Project Report (Planning Commission only) 00003101 RESOLUTION NO. "A RESOLUTION RECOMMENDING APPROVAL BY CITY COUNCIL OF A CONFORMITY REPORT ON THE PROPOSED AGUA CALIENTE CULTURAL MUSEUM, LOCATED ON TRIBAL TRUST LAND OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, ZONE RA, SECTION 14, DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL FOR CASE 5,1188" WHEREAS, on December 15, 1998, the City Council of Palm Springs and the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into a "Land Use Coordination Agreement" which provides for City review and comment on projects outside of the "Land Use Agreement" of 1977, while retaining the Tribe's final approval and authority over projects on Tribal Land; and WHEREAS on February 3, 1999, the City and the Tribe amended the "Land Use Agreement" of 1977 with Supplement No. 5, which exempted all Tribal lands from the "Land Use Agreement" of 1977 subject to the aforementioned "Land Use Coordination Agreement"; and WHEREAS, pursuant to Section 7 of said Agreement, the City Council and Tribal Council may waive procedural requirements of the Agreement, as follows: 7. Waiver. With the approval of both parties, any part of the foregoing process may be waived if the Project is not deemed significant or if the project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated." and WHEREAS, on December 18, 2007 the Tribe prepared a Project Report for a proposed Cultural Museum located on the southeast corner of S. Hermosa Drive and E. Tahquitz Canyon Way, on 8.68 acres of vacant Tribal Trust land within Section 14; and WHEREAS, said Project Report was transmitted to the City for review and comment under the terms of the Agreement, including review by the Planning Commission of a Conformity Report; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the Project Report, including but not limited to the Conformity Report written by staff, and all written and oral testimony presented. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve Case No. 5.1188, A Conformity Report for the Agua Caliente Cultural Museum Project Report: SECTION 1: The Conformity Report (staff report dated January 23, 2008) is hereby reviewed and staff is directed to forward said Report to the City Council for review. 000031 Resolution No. Page 2 SECTION 2: The Planning Commission recommends the City Council waive the requirement of Section 5 of the "Agreement for Tribal / City Land Use Coordination on Certain Parcels" for a Joint Meeting pertaining to the Agua Caliente Cultural Museum. ADOPTED this 23rd day of January, 2008. AYES: NOES: ABSENT: ABSTAIN. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Chairman of the Planning Commission Secretary of the Planning Commission 000032 City of Palm Springs Planning Commission Minutes of January 23, 2008 3. Case 5,1188 - A conformity report for the proposal by the Agua Caliente Band of Cahuilla Indians Cultural Indian's Cultural Museum project located at the southeast corner of East Tahquitz Canyon Way and Hermosa Drive, Zone RA, Section 14, APN: 608-100-038 and 040. (Project Planner: Diane A. Bullock, Associate Planner) Diane Bullock, Associate Bullock, provided background information as outlined in the staff report dated January 23, 2008. Ms. Bullock reported that based on the Traffic Study's analysis, staff is recommending several traffic improvement measures, including installation of a traffic signal at the intersection of Tahquitz Canyon Way and Hermosa Drive. Commissioner Ringlein noted that she attended the Architectural Advisory Committee meeting when this project presented and the consensus was that this is a'great project- -Torn Davis, Chief Planning & Development Officer, Agua Caliente Band of Cahuilla Indians, stated their development team is available for questions and provided further details on the tribe's review process. M/S/C (Ringlein/Cohen, 6-0) To recommend approval to the, City Council, as amended: -Inclusion of the revised engineering condition's. 0000�3 n.< ce,n G I 5 q'�•r 3 f`5;, i' 2 1 Rlver&cta County 10 L Y I alrr Sorings..l i o�! ..1-L-A Spa Casino t ..d.hGill E7. 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GF vn f�,A'P`,',� '�%Y1;wN'B1V4Mw�a,{tl�AMpe1a'V'Ij�sCq;GvY Viw�^d u,.,Mr,�h� X, ,.,..,.,,., .n..x .:"u,'^n/�., ....d�"dn/WN afi-;�, ���Autl'AWNVfmMmti.,.m��n•3Cwu _4L`�Ae•Ykdk�'!W"WN Y��,xdr.nwwWdW4�{QIWI'/OMIrrl��da.a'ae'J;.mu�.i mr. � , � �� '• AREA OF BLOG ABOVE 35' .'¢wwv+rG4broW'� e le t TAHQUITZ CANYON WAY +35. --- �w, NORTH lee +35' eel WEST ELEVATION <.ut[veye.,'a9uslkim mud ALCM _ Building Ht. Study ■. o,ta 10-22-2007 ncu p% siscT�riuEu" FIGURE � NTS n ru c A ovn --� 000040 AGREEMENT FOR TRIBALICITY LAND USE COORDINATION ON CERTAIN PARCELS `ExCil development is cone ced, and when the development ca,, tescnbed and its impacts forecast 3. Administrative Review. Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments, including Police, Fire, Finance. Public Worxs, Planning and Building, and such other departments as the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth It shall be the purpose of this administrative review to determine how well the Project conforms with the City's existing rules and regulations; any health and safety, or welfare ccricams-, the adequacy of police and fire safety services, and other services of the City necessary for the Project; compatibility of the project with surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the normal City fees, taxes, charges, and assessments; to the extent that any of such revenues will not accrue to the City, what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or positive, will result; and what the overall economic impact will be of the Project on the Cml. Within thirty (30) days of the City Managers receipt of the Report from the Tnbe, the City snall prepare the "Administrative Analysis' of the foregoing informancn and shall submit the Administrative Analysis tc the City Councd for its review and aoorcval, 4. City Council Conformity Report. Tne Cipi CouncI mall have thirty (30) days from the submission of the ACminlstr'ptlVe Analysis to prepare the City Counal's Conformity Reperi ("Conformity Reper,") The Conformity Reccrt shall be adopted by the City Ccurcd at a public meetirg. At the same time that the City Manager suomits the Administrative Report to the City CouncJ, a copy of the same shall be submitted to the Tribe. The Trice shall nave ten (10) days to prepare its comments on the Administrative Analys,s for submission to the City Council to he considered at the time the Cary Councd determines the Conformity Report- The Conformity Report shall contain the same sc:blect matter as the Administrative Analysis. 5. Joint Meeting. Upon the City Ccuncd's adoption of the Conformity Report, the Project Report shall be immediately submitted to the Tribal Council. Within thirty (30) days, the Tribal Councd and the City Council shall schedule a Joint Meeting tc discuss the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules, regulations, and ordinances of both the City and the Tripe. 6. Final Tribal Action. At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or all comments in the Conformity Report or otherwise made by the City Council and may approve or modify the Protect in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council retains full and complete scvere,gnty to administer Tribal lands in accordance with the Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which the City is being given the opportunity tc review and comment on certain projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make Final decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal law Q 3 ITS �'� !,.• IiW'� C_,1•i' � '! yeti. I . � 4� r _J P 'i l'.... �'• n. il� P•! .. . . d II : �i 'i 7..,I � � FRISnL �L .NNI,e, n. ._ -. _ �i. Y i January 15, 2008 j !! Craig Ewing, AICP Director of Planning Services CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Revision to Conformity Review Process —Agua Caliente Cultural Museum Dear Mr. Ewing: Thank you for your letter requesting a one-time amendment to the process for reviewing the Agua Caliente Cultural Museum under the "Agreement for Tribal/City Land Use Coordination of Certain Parcels." The Tribal Council appreciates the City's recognition that the project is conforming to all Tribal and City regulations. It should also be noted that Recital 'C' of the Agreement states: "...both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and development of all lands of the Agua Caliente Indian Reservation to their highest and best use, consistent with principles of sound planning and the Sovereignty of the Tribe..." We mutually recognize that the Agua Caliente Cultural Museum is consistent with the Section 14 Master Plan, a Master Plan adopted by both the Tribe and the City and will comply with the Tribal Environmental Policy Act. Amendments to Section 3, 4 and 5 of the Agreement are justified in this case due to the general conformity of the project to the applicable city land use policies — as contained in the Section 14 Master Plan and; therefore as proposed- 1. City staff would prepare a single Administrative Analysis / (Draft) Conformity Report ("Report") and present it to the City Council for approval; the date tentatively set for Council action on the report is February 6, 2008. 2. A copy of the draft Report would be presented to Tribal planning staff in advance of the Council meeting. At its option, the Tribe may prepare a response to the Report; it would not be required to do so. 760 5.. 'd, y vV aC, I_pCAl_I - I+T=-higv 7- ]V 3. Upon approval of the Report by the City Council, it would be forwarded to the Tribe. No other action would be taken by the City Council. 4. The City and Tribe would not conduct a Joint Council meeting. Section 8 of the Agreement states that "this Agreement may be amended by mutual agreement by the parties..." Therefore, within the ongoing Government-to-Government relationship, it is mutually agreed to revise the procedures of the Agreement and under the Sovereign authority of the Tribe the procedural amendments are approved. The Tribal Council appreciates the City Council's continued cooperation and support of development of Tribal Trust properties for the benefit of our entire community. Feel free to co�tact me if you have any questions. ery tF yours, r r f ,1 Thous J. Davis, AICP Chi Planning & Development Officer AGIUA CALIENTE BAND OF CAHUILLA INDIANS TJD/jb C: Tribal Council Michelle Carr, In-House Counsel Margaret Park, Director of Planning & Natural Resources David Ready, City of Palm Springs ah Q 1 C J)I , 1,�= ^r i� % 1 A , R' �• e, VV W $V - AC, E� ACAIL i N "r c. - NG N . G 0 V