HomeMy WebLinkAbout11/6/2002 - STAFF REPORTS (14) DATE: OCTOBR 1°� 2002
TO: CITY COUNCIL
FROM: CITY MANAGER
CASE NO. 5.0667-PD-232, DRAFT CONFORMITY REPORT ON AGUA CALIENTE BAND OF
CAHUILLA INDIANS SPA CASINO PROJECT, A PROPOSAL TO CONSTRUCT A 119,000
SQUARE FOOT CASINO AND RELATED 1,474 SPACE PARKING LOT ON 10.5 ACRES,
LOCATED ON A SITE GENERALLY BOUND BY ANDREAS ROAD, CALLE ENCILIA, AND
CALLE EL SEGUNDO, ZONE R-4VP, SECTION 14.
BACKGROUND:
The Agua Caliente Band of Cahuilla Indians (Tribe) proposes to build a 119.000 square foot
gaming facility east of the C-B-D area of the City of Palm Springs. The project site and related
development encompass approximately 10.5 acres. The project site is generally bounded by
Amado Road on the north, Calle El Segundo on the east, Andreas Avenue on the south, and Calle
Encilia on the west. The property was taken into Tribal Trust for the purposes of casino
development and parking. The project site was designated and approved as a Planned
Development District (PD-232) for a casino by the City on September 7, 1994.
On September 7, 1994, the City Council approved a General Plan Amendment, Zoning Text
Amendment, Planned Development District (PDD), and Environmental Assessment/Mitigated
Negative Declaration (EA/MND) for the Agua Caliente/Caesar World Gaming Facility of 119,000
square feet. The EA/MND was a joint National Environmental Policy Act (NEPA)/California
Environmental Quality Act(CEQA)document prepared underthe supervision of the National Indian
Gaming Commission (NIGC) and the City, and was subsequently approved by the NIGC and
certified by the City.
In October of 1994, the City and the Tribe entered into a Disposition and Development Agreement
(DDA) for the casino project. The DDA included provisions for fixed revenue sharing for profits
made at the Casino, which will be utilized to pay for city services required as a result of project
construction and operations. The DDA also addressed the issue of street vacations and Agency
assistance in acquiring parcels for the project. Subsequently the DDA was amended to create a
fixed mitigation fee. See page 8 for the fee schedule.
On December 15, 1998, the Tribal Council and the Palm Springs City Council entered into a Land
Use Coordination Agreement which provides for City review and comment on projects proposed
on Tribal Trust property. This agreement establishes the process for City review of the proposed
Casino project and subject conformity report. Based upon the Tribal Trust status of the subject
property, the Tribal Council exercises full approval and permit authority for the Casino project.
On February 3, 1999, the City and the Tribe amended the Land Use Agreement. Supplement No.
5 exempted all Tribal Trust property from the 1977 Land Use Agreement, subject to the terms of
the Land Use Coordination Agreement.
Page 1 of 27
In July 2002, the Tribe released the Section 14 Master Development Plan Specific Plan. The
proposed project, which is located in the northwest portion of Section 14, is included in the Specific
Plan as a "major future project" (Agua Caliente Band of Cahuilla Indians, 2002). The project site
is identified as a Casino in the Section 14 Master Plan Vision. The proposed project is consistent
with the Draft Section 14 Master Development Plan Specific Plan.
PROJECT SCHEDULE:
The following project schedule contains key actions mandated by the agreements.
(1) September 17, 2002 Tribe Submitted Project Report and Plans
(2) October 17, 2002 Draft Conformity Report Complete
(3) November 06, 2002 City Council Meeting on Conformity Report
(4) December 05, 2002 Joint City Council/Tribal Council Meeting
At the conclusion of the December 5, 2002 meeting, or at any time thereafter, the Tribal Council
may approve the Casino project. Recommendations in the report are advisory and the Tribal
Council may or may not adopt the recommendations in the Conformity Report.
CITY OF PALM SPRINGS GENERAL PLAN:
In 1994, the majority of the project site was designated High Density Residential. On September
7, 1994, a General Plan amendment established the entire project site as Resort Commercial. The
Post Office and commercial area to the northwest are designated Resort Commercial by the
General Plan, as is the adjoining Hilton Hotels located to the south and the eastern half of the Spa
Hotel site located to the south west. The Resort Commercial General Plan designation provides
for resort hotels, including a broad range of convenience and tourist commercial services,
principally serving resort clientele, which include restaurants, entertainment and retail uses.
The parking lot presently under construction to the north of the site, and the adjacent
condominiums to the east of the project site are designated H43130 High Density Residential.
The project is consistent with General Plan Objective 3.22 in that the Resort Commercial
designation calls for a broad range of convenience and tourist commercial services principally
serving resort clientele, and including restaurants,entertainment and retail uses.The project is also
consistent with this objective in that the project has been designed to be compatible with
neighboring residential development and to ensure safe and adequate access and off-street
parking.
The project is consistent with General Plan Policy 3.22.1, accommodating a full diversity of
commercial uses which provide for the day today needs of residents and visitors,with Policy 3.22.3
accommodating commercial recreation uses which cater to both the City's residents and its visitors.
Policy 3.22.4 encourages that the site be designed with special attention to landscape, setbacks
and architecture which emphasizes the City's unique resort character and Policy 3.22.5
encourages a minimum 5% open space and allowance for high rise buildings (over 36). Policy
3.23.7 addresses the development of a pedestrian linkage along Andreas Road to downtown with
enhanced landscaping and sidewalks.
Page 2 of 27 1 )LAc)*%--
Based upon review of the City General Plan, staff finds that the project is consistent with the
General Plan.
ZONING AND LAND USE:
The project site is zoned R-44P. This zone is designed to provide for the development of large
scale hotel complexes, hotels, and multiple family dwellings; and also to provide off-street parking
areas and to permit limited extension of commercial facilities to support uses constructed in the C-
1AA Zone. Commercial development in this zone is subject to the C-1-AA zone development and
performance standards. Because of the proposed building height,the project is subject to the high-
rise standards for Indian land.
The proposed project is also located within the Resort Overlay zone. The project is consistent with
the Resort Overlay Zone which does not set forth development standards but encourages resort
type land uses. The project was previously approved as a Planned Development District, which
allows for the opportunity to request flexibility regarding development standards.
The majority of the gaming facility building will measure 41 feet in height, with two architectural
features that are 53 feet in height. Pursuant to Section 93.04.00.C.3 of the City of Palm Springs
Zoning Ordinance, the High-rise Ordinance, most of the proposed project, including the tower and
dome features, comply with the high-rise requirements. The project meets the High-rise building
setback requirements along Amado Road and Andreas Road, but not along Calle Encilia and Calle
El Segundo. The project does not comply with the required minimum landscape coverage. While
the project does not fully comply with City and Tribal setback standards on Calle Encilia and Calle
El Segundo, setback reductions are proposed based upon the configuration of the building and site
conditions. If the project were processed by the City, either a zoning Variance or Planned
Development District would be required. If processed by the City, the public hearing notices would
disclose the proposed setback reductions.
Proposed Project Development Standards
CAAA High-rise Proposed
Building Height 30', 100' on Indian Building mass 41',
*Provisions of High- Land with towers to 53'
rise ordinance apply
Front Setbacks, 30' * 41' 260'
Amado Road *1' setback, per
1' building height
Side Setbacks, 30' * 61.5' 25'-50' Calle Encilia;
Calle Encilia *1.5' setback, per 25'-76' Calle El
Calle El Segundo 1' building height Segundo
Page 3 of 27 1 '�fi 3
Rear Setback, 20' 41' 65'
Andreas Road "1' setback, per
1' building height
Landscape Coverage 30% 60% 19%
Provisions of City of Palm Springs High-rise Ordinance apply (Section 93.04.00)
Pursuant to Section 93.04.00 of the City of Palm Springs Zoning Ordinance, High-rise Buildings,
setbacks are as follows, for the short dimension of the property one (1') foot of horizontal setback
is required for every foot of vertical rise, and from the long dimension of the property, one and one-
half (1-1/2') feet of horizontal setback is required for every one (1') foot of vertical rise.
PARKING:
The project report includes a parking analysis.The proposed gaming facility, located between Calle
Encilia and Calle El Segundo and between Andreas Road and Amado Road, is required to have
1.303 parking spaces. These parking spaces would be available for both the proposed project and
the existing Spa Hotel. The Tribe will provide a total of 1,474 spaces, all within walking distance
to the gaming facility. By previous agreement, the Tribe will continue to provide the United States
Post Office (Palm Springs Branch) with 96 parking spaces and the Hilton Hotel with 65 spaces.
This leaves a total of 1,313 parking spaces available for the gaming facility, a surplus of 10 spaces.
On-street parking is also available. Shuttle service would be available to transport visitors to and
from the parking lots to the Casino and hotel.
Construction of the Casino will result in the temporary elimination of 320 parking spaces. Shuttle
service will be available to transport visitors to and from the temporary parking lots on an as-
needed basis. Sufficient parking should be available during most stages of Casino construction.
The parking plan reviewed by staff requires the following revisions to conform to the parking
ordinance:
• Minimum 50 Percent (50%) parking lot shading;
• Parking lot lighting plan and photometric study required;
• Parking stalls clearly delineated with a hairpin, elongated "U" design;
• Landscape berm and/or decorative masonry wall, four feet (4') in height to
enclose entire parking area;
• Two way driveways a minimum of 26' in width; and
• Peripheral plaint areas, nine feet (9') in width, every ten (10) parking spaces.
Tribal staff indicates that most, if not all, of these revisions will be made.
Page 4 of 27
PLANNING COMMISSION REVIEW:
On September 25, 2002, the Planning Commission reviewed the proposed project and voted to
endorse the project, with the following recommendations:
• That the parking lot design include adequate landscape shading (minimum 50%), lighting
and landscape and wall screening for adjacent residential properties;
• That the City Council be apprized of the Planning Commission's concern about the location
and screening of the bus parking area. (Note: Proposed bus parking is immediately
adjacent to existing single family residences);
• That the proposed materials, including stucco and tile colors, be re-evaluated;
• That careful consideration, including evaluation of the potential for noise, be provided
regarding the location of the mechanical equipment on the south side of the building; and
That the future sign program design respect the neighborhood.
DEVELOPMENT COMMITTEE:
The Development Committee has reviewed the proposed project and provided comments which
have been incorporated into the recommendations. The Development Committee
recommendations are based upon City codes, ordinances and policies. Staff has conveyed
comments to the Tribal Planning staff so that City staff comments can be considered in the project
design.
Staff recommends that the City Council include these recommendations in the Conformity
Report and transmit them to the Tribal Council.Additionally, upon review of the revised project
traffic study, updated recommendations regarding on and off-site traffic may be necessary. See
Engineering comment# 108.
The City Council recommends that the City Staff be involved in the early planning stages
for any future improvement to the Spa Hotel.
BUILDING ISSUES:
The Building and Safety Department recommends that Tribal Staff review the sizing calculation
of the proposed grease interceptor to show compliance with Appendix "H" of the 1998 California
Plumbing Code. The Department would also appreciate the opportunity, to inspect concurrently
with Tribal inspectors, the installation of the grease interceptor and on-site sewer lines to the City
sewer system.
The Building and Safety Department has also provided a summary of estimated normal and
customary City fees which would be generated by the project, were it subject to the City's building
permit process. These fees are as follows:
Page 5 of 27
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1. Building Permit $ 47,000.
2. SMIP Tax $ 3,300.
3. Microfilm Fee $ 1,000.
4 Public Arts Fee $ 77,470.
5. Construction Tax $ 47,600.
6. Sewer Inspection $ 46.
7. Sewer Agreement $ 31,345.
8. Sewer Connection $ 203. /fixture unit
9. Dust Control Deposit $ 2000./ per acre
10. Transportation, Uniform Mitigation Fee $ 281,645.
(CVAG)
These fees would normally be paid to the City as part of permit issuance for a non-Tribal Trust
development. Not listed above are plan check, planning, and other service based fees for permit
processing and planning review.
Staff recommends that the City Council ask that the Tribal Council consider paying the
following fees to defer costs for capital facilities, comply with City ordinances, and to
participate in programs with overall community benefit:
1. SMIP Tax $ 3,300.
(Goes into State fund for mapping of Fault zones
and earthquake preparedness training)
2. Microfilm Fees $ 1,000.
(*Maintains construction documents for use in
emergency situations)
3. Public Arts Fee $ 77,470.
(Funds could be allocated to
Section 14 - Public Art)
4. Construction Tax $ 47,600.
(Funds City programs)
5. Sewer Inspection $ 46.
(City should inspect connection to public sewer)
6. Sewer Agreement $ 31,345.
(Reimbursement for sewer line extension)
7. Sewer Connection Fees $ 203.
(Per fixture unit)
8. Drainage Fee $ 9,213. /Acre
(Credit for storm drains installed)
9. Transportation Uniform Mitigation Fee $ 281,645.
(Fees paid to CVAG)
The Fire Department has requested that the Tribe submit"as-built' plans following construction,
so that such plan are available to emergency service providers in the event of an emergency on
site.
Page 6 of 27
ECONOMIC AND COMMUNITY DEVELOPMENT:
The 1994 EA/MND estimated that the project would employ 800 people. The existing facility
currently employs 850. This proposal will actually employ 975 people, or 175 more employees than
the original estimate. The City has identified a considerable need for family rental housing in the
City, which is the most expensive and most difficult to develop. The largest source of funds
available to the City is the low and moderate income housing set-aside from redevelopment tax
increment. Since the Tribe will probably not pay property taxes on the casino, it will not generate
tax increment or housing funds to the Agency or City.
Staff recommends that the City and Tribe should develop a cooperative program to
rehabilitate and to develop new affordable housing.
PUBLIC SERVICE:
Police Service:
Twenty-four hour on-site security will be provided by the Tribe's own security force, which serves
as a deterrent to criminal activity and allows for immediate response. Many minor incidents may
be handled entirely by the in-house Casino security force. The Palm Springs Police Department
responds to calls for assistance from the casino and casino patrons and the surrounding
community. Police calls generated by the casino have been absorbed by the Downtown Experience
and Patrol Division.
The Police Department notes that, 1.43 calls per day are currently made to the Casino, for a total
of calls 522 per year. The Department currently handles 18.56 calls for service in the downtown
area, for a total of 6,773 calls per year. It is unknown how many actual calls are "Casino related".
"Casino related"calls would include follow home thefts, assault, public intoxication,traffic accidents
to and from the Casino, persons contacted off property, and other issues related to problem
gaming. Many of these service call occur off-site.
The Palm Springs Police Department anticipates that the proposed project will result in an increase
in calls for service. Increased traffic on the streets surrounding the project site will also increase
the demand for police services.The Investigations Division of the Palm Springs Police Department
may also be required to follow up on crimes that require follow-up investigation such as theft and
assault. The Police Department estimates that the new Casino will result in a 15% increase in the
number of daily calls for service at the Casino (to 1.65 calls daily, 600 annually) and in the
downtown to 21.34 calls daily, 7,788 calls annually).
In order to handle increased traffic, patrol and investigative demands, the Police Department
recommends that additional staffing be considered. The Police Department recommends that one
additional full time officer(almost 24/7 coverage) be deployed to the casino and related properties.
This officer would be assigned on bicycle, and would be responsible for a separate beat that would
encompass the Casino, Spa Hotel and surrounding areas. This coverage would require the hiring
of five (5) officers, and would provide at least one officer at all times (less 18 hours per week during
the middle of the night). This additional staff would be deployed under the current downtown
Sergeant and will require the addition of one Secretary.
Page 7 of 27 I ;ktq7
The cost of providing one additional full time officer is as follows:
5 Officers @ $72,958 364.790.
1 Secretary 43,009.
SUBTOTAL $ 407,799.
Materials, Supplies, Services 15,634.
6 Equipped Bicycles 12,000.
TOTAL $ 435, 433.
Staff recommends that the City Council and Tribal Council meet and discuss Police service
demand, service levels and program costs.
Fire Service:
The Palm Springs Fire Department stated that the proposed project would require additional
staffing. Increased fire protection services necessitated by the project, notwithstanding the planned
addition to the department's workforce, would result in the need to add staff and equipment. Fire
Department recommendations are covered in the Development Committee recommendations. Fire
code related recommendations include fire sprinklers, hydrants,etc. Traditionally, Fire Department
has performed plan check and inspection services for Tribal Trust Developments in Palm Springs.
The Fire Department recommends that this level of cooperation continue since the Palm Springs
Fire Department will provide emergency response for all fire, medical, and other emergency calls
for service.
The Fire Department recommends that the City provide Fire Department plan check and
inspection services for this project.
General City Services: Not Estimated.
FISCAL IMPACT:
State, County and City Taxes:
The Disposition and Development Agreement(DDA) contains a provision for compensation to the
City through a Mitigation Fee for added expenses which may be incurred by the City for the
provision of additional services necessitated by the use of the site for gaming purposes. The
schedule provides for an initial ten year period. Following that period the City, Agency and Tribe
shall meet to negotiate the amount of the annual Mitigation Fee. The Mitigation Fee is as follows:
Year Amount
Year 1 $100,000
Year 2 $125,000
Year 3 $150,000
Year 4 $175,000
Year 5 $200,000
Year 6 - 10 $300,000 per year a, C9
Page 8 of 27 Iv(
The development of the proposed Agua Caliente Casino in downtown Palm Springs will have many
positive effects on the overall economy of the City. However, there will not be a direct tax benefit
to the City. The following is a listing of the estimated taxes that would be paid by a similar non-
Indian development:
Type of Tax Rate Assumptions Tax
Revenue
Business $532 for first 50 1000 employees $7,182
License Tax employees; $7 per
em to ee over 50
Utility Users Tax 5% $600,000 annual utility $ 30,000
cost
Prop rty Tax 1% $25,000,000value $250,000
Sales Tax 1% (City ortion) $5,000,000 sales $50,000
Total Estimated Annual Taxes $377,182
The Finance Director conservatively estimates that the City's General Fund would receive about
$87,000 per year on an ongoing basis from the Business License, Utility Users Tax and Sales Tax.
The Redevelopment Agency would receive about$150,000 (net after pass-throughs and Housing
Set Aside) per year. One time City fees to the General Plan would include $47,000(Construction
Tax). Secondary fiscal impacts to the community are not analyzed in this report since they are not
directly related to the proposed project.
Staff recommends that the City Council and Tribal Council meet and discuss the fiscal
impact of the proposed casino.
ENVIRONMENTAL ISSUES:
The Spa Resort Casino, located at the Spa Hotel at 100 North Indian Canyon Drive, has been in
operation since April 5, 1995. An earlier proposal forthe casino facility was developed by the Tribe
in conjunction with Caesars World Resorts, Co., Inc. The Tribe and Caesars ultimately abandoned
their partnership and the Tribe established the project in its current location.
The Tribe has contracted with the consulting firm EDAW to prepare an expanded project report.
The document is currently being finalized and will be available later this week. A revised traffic
study will be included in this report.
The following impact areas have been identified and were discussed in the 1994 Environmental
Assessment:
• Noise
• Seismic/geologic hazards
• Air quality
Visual aesthetics and community design
• Geology/soils
Water quality
• Utilities, water, sewer, solid waste, schools
Page 9 of 27 I
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• Cultural resources
• Light and glare; and
• Biological issues.
The proposed project will require approximately 125-140 new employees, in addition to the 850
employees currently employed at the Spa Resort Casino. The gaming facility will operate 24 hours
per day, seven days per week. Operations are expected to initially draw 4,000 patrons per day.
Patronage will increase to 7,500 persons per day.
Noise:
Two types of noise impacts are associated with the proposed project; short term noise associated
with project construction and long term noise associated with the operation of the gaming facility
when construction is completed. Neither of the impacts are considered adverse, although neighbors
of the project may be periodically disturbed by the short-term construction noises during normal
working hours.
Construction will require the use heavy equipment,such as bulldozers, backhoes, loaders,concrete
mixers, and graders. The operation of the heavy equipment and trucks will result in noise levels
greater than existing noise levels on and around the project site. Noise control techniques may
provide substantial reductions in the levels of noise generated. Use of these noise control
measures should mitigate adverse noise impacts to the adjacent hotels and condominiums.
The long-term noise impacts associated with the operation of the gaming facility are associated
with parking lot activities and increased traffic volumes that will be generated on the streets
surrounding the project site. Additional on-site noise generated by activities, such as deliveries,
trash pick-ups, and landscape and building maintenance, will occur. Noise from these activities
will be intermittent and will be limited to between the hours of 7 a.m. and 8 p.m. by Section
11.74.041 of the City's Noise Ordinance. Noise originating from on-site mechanical equipment
which will operate constantly, such as air conditioners, condensers, chillers, blowers and fans is
also regulated by the Noise Ordinance. This noise is not anticipated to have an adverse effect to
sensitive receptors, although it may constitute an occasional nuisance.
Community Design:
The 1994 project description included a four-story parking structure. The revised 2002 project
description includes surface parking only, thereby eliminating the visual impact of the parking
structure. Other issues related to the proposed gaming facility, associated improvements such as
landscaping, and their compatibility with other buildings and natural features in the area, are
addressed in the Project Report and 1994 Environmental Assessment. Features of the proposed
project which are of particular concern are height, setbacks, proportions or massing, architectural
style and details, and landscape architecture treatment (including hardscapes). Consistent with
the planning and design criteria set forth in the City of Palm Springs General Plan, the proposed
projectwould be of similar height and mass to surrounding developments, and would not dominate
scenic resources or nearby buildings. However, some existing scenic San Jacinto Mountain vistas
currently enjoyed by area residents located to the east of the project site will have some mountain
views obstructed.
Page 10 of 27 �� /"!r/0
NEIGHBORHOOD MEETINGS
The Tribe has met with a number of the area homeowners associations, including the St. Tropez
Villas Homeowners Association (HOA) on October 12, 2002 and the Palm Villas HOA on October
6, 2002. Additional community meetings have been scheduled. The attached meeting summaries
are provided as additional background.
DOUGLAS . EVANS
Director of Planning and Zoning
City Manager
ATTACHMENTS:
1. Project Report (under separate cover)
2. Development Committee Recommendations
3. Planning Commission meeting minutes of September 25, 2002
4. Police Department statistical data
5. Police Department proposed coverage for Casino Bike Beat
6. Neighborhood meeting summaries
7. Conformity report outline
Page 11 of 27 Q A •
EXHIBIT A
CITY OF PALM SPRINGS
DEVELOPMENT COMMITTEE RECOMMENDATIONS
CASE NO. 5.0667 - PD-232,
SPA CASINO
NORTHEAST CORNER OF CALLE ENCILIA AND ANDREAS ROAD
November 6, 2002
PLANNING:
1. The mitigation measures of the environmental assessment prepared in 1994 shall be
complied with.
2. Prior to grading, a Construction Fugitive Dust and Erosion Control Plan should be prepared
by the Tribe. Refer to Chapter 8.50 of the Municipal Code for specific requirements. (See
Engineering Recommendation Nos. 111, 113 and 114)
3. Final landscape and irrigation plans should be designed per the following
recommendations:
a. The project should comply with the City of Palm Springs Water Efficient Landscape
Ordinance (Chapter 8.60 of the Municipal Code). The irrigation plans should be
submitted to the DWA for review and the landscape plan should be certified by a
landscape architect for compliance with the Ordinance.
b. Landscape plans should be approved by the" Riverside County Agricultural
Commissioner's Office for restricted and/or quarantined plant materials.
C. Drainage swales should be provided(and indicated on the landscape plan)adjacent
to all curbs and sidewalks - three feet wide and six inches deep. The irrigation
system should be field tested prior to final approval of the project. Section
14.24.020 of the Municipal Code prohibits nuisance water from entering the public
streets, roadways or gutters.
4. The on-site parking lot should be constructed in accordance with Section 9306.00 of Palm
Springs Zoning Ordinance and should conform to the following:
a. Parking lot light fixtures should align with stall striping and should be located two to
three feet from curb face to protect against damage.
b. A minimum of 50% of the parking lot should be shaded by landscape. A diamond
landscape planter should be installed every three parking spaces to meet this
requirement.
C. Provide peripheral planting areas every ten parking spaces with a minimum nine
foot width and six foot planing area.
Page 12 of 27 PA/3
d. Concrete walks with a minimum width of two feet should be installed adjacent to end
parking spaces or end spaces should be increased to 11 feet wide.
e. Parking stalls should be delineated with a four to six inch white double stripe -
hairpin or elongated "U" design. Individual wheel stops should be prohibited; a
continuous six inch barrier curb should serve as wheel stops.
f. Curbs should be installed at a minimum of five feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area
should have curbs placed at a minimum of two feet from the face of walls, fences
or buildings adjoining driveways.
h. A decorative masonry screen wall or landscape berm, a minimum of four feet in
height, should be installed between the property line and the paved parking area.
i. Standard parking spaces should be 17 feet deep by nine feet wide; compact sized
spaces should be 15 feet deep by eight feet wide. Handicap parking spaces are to
be 18 feet deep by nine feet wide plus a five foot walkway at the right side of the
parking spaces; two handicap spaces can share a common walkway. One in every
eight handicap accessible spaces, but not less than one, should be served by an
eight foot walkway on the right side and should be designated as "van accessible."
j. Compact and handicapped spaces should be appropriately marked per Section
9306.00C 10 of the Zoning Ordinance.
5. All roof mounted mechanical equipment should be screened from all possible vantage
points both existing and future. The screening should be considered as an element of the
overall design and should blend with the architectural design of the building(s). The exterior
elevations and roof plans of the buildings should indicate any fixtures or equipment to be
located on the roof of the building, the equipment heights, and type of screening. Parapets
should be at least six inches above the equipment for the purpose of screening.
6. Trash and recyclable material enclosures should be provided and indicated on the site plan
and should comply with City specifications. Contact Palm Springs Waste disposal Services
directly regarding disposal needs, equipment sizes and other technical information.
7. All materials on any flat portions of the roof should be earth tone in color.
8. Further review of the stucco color and roof tile may be necessary as these items should be
a strong design element of the building.
9. No sirens, outside paging or any type of signalization are permitted, except approved alarm
systems.
Page 13 of 27 ' ��
10. Locations of all telephone and electrical boxes should be indicated on the building plans
and should be completely screened and located within the interior of the building. Electrical
transformers should be located toward the interior of the project maintaining a sufficient
distance from the frontage(s) of the project. Said transformer(s) should adequately and
decoratively screened. Exterior downspouts will be avoided on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial areas.
11. For future projects and expansions near the casino, City staff should be involved early in
the design process.
12. The project should comply with the City of Palm Springs Transportation Demand
Management (TDM) Ordinance, which establishes transportation demand management
requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for
specific requirements (mitigation measure).
13. Bus parking should be relocated away from residential properties.
14. A decorative masonry wall, a minimum of six feet in height should be constructed on the
property line separating the parking lot from the existing single family residences to the
north.
15. The loading and trash area should be screened by a decorative masonry wall, eight feet in
height, and should be well landscaped to minimize the aesthetic impact of the screen wall.
16. All mechanical equipment, including, but not limited to chillers, blowers, and HVAC
systems should be selected from compliance with the City Noise Ordinances,
ADA RECOMMENDATIONS:
17. The ADA requirement states that in new construction, disabled parking needs to be located
as close as possible to the building entrance. Therefore, disabled parking spaces should
be located next to the building entrance.
18. The path of travel into all primary entrances and to adjacent properties should be accessible
to those who have mobility impairments such as wheelchair users, those with canes or
crutches, or those who just have trouble walking up steps.
19. All public restrooms must provide disabled access features.
20. Interior ramps should be of a hard, smooth surface and should not contain thick pile
carpeting.
21. Gaming machines should be wheelchair acceptable, such as providing moveable seats as
currently exists in the Spa Casino,
4000,
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FIRE DEPARTMENT:
ACCESS ROADS
24. Fire Department Access: Fire Department Access Roads should be provided and
maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC).
25. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If
parking on one side of the access road is desired, provide an additional eight foot wide
parking lane with opposing curb marked red with appropriate signage for a total 28 foot
width. If parking on both sides of the access road is desired, provide an eight foot wide
parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC)
26. 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)
27. Fire Apparatus Grade requirements: The gradient of fire apparatus access roads
should not exceed 12% except for short stretches (100 feet or less) with a maximum
grade of 15%. (902.2.2.6 CFC)
28. Required marking: Required marking of Fire Apparatus Roads and Fire-Protection
Equipment should be in accordance with section 901.4 CFC.
29. Road Design: Fire apparatus access roads should 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)
30. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150
feet in length should be provided with approved provisions for the turning around of fire
apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac
with an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC)
CONSTRUCTION SITE SECURITY AND PROTECTION
31. Fencing Recommended: The fire department highly recommends that this construction
site be fenced to maintain fire safety security needs during combustible framing stage of
construction. (8.04.260 PSMC)
32. Fire Apparatus Access Gates: Construction site fire apparatus access gates should
have a clear width of at least 20 feet and be equipped with a frangible chain and
padlock. (8.04.260 PSMC)
33. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have
been closed with gates and barriers, should be maintained clear at all times. (902.2.4.1
CFC).
Page 15 of 27 oA16
GUARDS
34. Construction Site Guard: A construction site guard is required for combustible
construction. The guard should be on duty during all times when construction workers
are not on the premises. (8.04.260 PSMC)
35. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required.
36. Fire Sprinkler Plan Submittal: The contractor should submit fire sprinkler plans when
the building plans are submitted. This allows concurrent review of the fire sprinkler and
building plans. (Two sets will be retained by the fire department.) Submittal to include
manufacturers cut sheets on all material and equipment used. Submittal should also
include hydraulic calculations. A set of approved plans should be maintained at all times
on the job site.
37. Fire Sprinkler Plan Submittal: The contractor should submit fire sprinkler plans as soon
as possible. Currently, plan review time is approximately four weeks. No portion of the
fire sprinkler system, including water meters and underground water supply, may be
installed prior to plan approval. A minimum of three copies must be submitted.
Submittal to include manufacturers cut sheets on all material and equipment used.
Submittal should also include hydraulic calculations. A set of approved plans should be
maintained at all times on the job site.
38. Sprinkler Heads: Only new sprinkler heads should be employed in the installation of the
sprinkler system.
39. Approved and Listed Materials: The entire fire sprinkler system should only employ the
use of approved and currently listed materials, equipment and devices.
40. Hydrostatic Tests: All system piping should be hydrostatically tested at 200 PSI for two
hours or at 50 PSI above the system operating pressure, whichever is greater.
41. System Flushing: All underground mains and lead-in connections should be flushed
prior to connection to the overhead piping.
42. Fire Department Connections: Fire department connections should be visible and
accessible, have 2.5 inch NST female inlets, and have an approved check valve located
in the main line, as close to the FDC as possible. All FDC's should have KNOX locking
protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX
application form. The FDC and supporting piping should be painted OSHA safety red.
43. Location of Fire Department Connections: The connection inlets must face the street
or fire access road. The face of the inlets should be 12 to 18 inches horizontal from the
back edge of sidewalk (or back of curb, if no sidewalk), and should be 36 to 44 inches in
height to center of inlets above finished grade. No landscape planting, walls, or other
obstructions are permitted within three feet of fire department connections, except
groundcover plantings.
Page 16 of 27 14-0/ 7
44. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water
supply, and all water-flow switches, should 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.) (904.3.1 CBC)
45. Required Signs: All fire sprinkler valves should have a permanently affixed sign
indicating the valve function and area served. The address of the building served
should be clearly indicated on the Fire Department Connection (FDC).
46. Spare Sprinkler Heads: A stock of spare sprinkler heads of each style, type and
temperature rating with a sprinkler head wrench should be located at the main riser.
47. Soffit Sprinkler Coverage: All Soffits over four feet require automatic fire sprinkler
coverage.
48. C-16 Fire Sprinkler Contractor: Fire sprinkler systems should only be designed and
installed by a Fire Sprinkler Contractor licensed by the California Contractors State
License Board.
49. Added Sprinkler Heads: Any sprinkler heads added to an existing system should be
new, and the same brand, style, type and temperature rating as those already installed
in the building. Exceptions only with advance approval of the fire inspector. Contractor
to provide manufacturers cut sheets for all sprinklers used, with documentation of
sprinklers existing in the building.
50. Trash Container Protection: Trash container space is within five feet of the building wall.
Provide information on the type and size of trash container to be stored there. If it is a
dumpster with a capacity of 1.5 cubic yards or greater, then the enclosure must be
protected by an approved automatic fire sprinkler system. (1103.2.2 CFC)
PORTABLE FIRE PROTECTION
51. Fire Extinguishers: Portable Fire Extinguishers should be installed in accordance with
98 CFC, Art. 10, and NFPA Std. 10.
52. 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)
53. Machine Rooms, Storage and Displays: Provide one 5-B:C or 10-B:C portable fire
extinguisher for every 30' or 50' of floor or grade travel distance for Machine Rooms,
Flammable or Hazardous Liquid and Substances plus Materials and displays or storage.
tafiluo
Page 17 of 27
COMMERCIAL COOKING - HOOD & DUCT SYSTEMS
54. Ventilating Hood & Duct Systems: A ventilating hood and duct system should be
provided for commercial-type food heat-processing equipment that produces grease-
laden vapors. (1006.1 CFC)
55. Fire extinguishing' system required: Approved automatic fire extinguishing systems
should be provided for the protection of commercial type cooking equipment. (1006.2.1
CFC)
56. Hood & Duct Fire Protection System Coverage: The automatic fire extinguishing system
used to protect ventilating hoods and ducts and cooking appliances should be installed
to include cooking surfaces, deep fat fryers, griddles, upright broilers, charbroilers,
range tops, and grills. Protection should also be provided for the enclosed plenum
space within the hood above filters and exhaust ducts serving the hood. (1006.2.3.1
CFC)
57. Hood & Duct Fire Protection System plan submittal: The contractor should submit fire
extinguishing system plans when the building plans are submitted. This allows
concurrent review of the fire extinguishing system and building plans. Submittal should
include manufacturers data/cut sheets and listings with expiration dates on all
equipment and materials used.
58. Portable Fire Extinguishers For Food Processing Equipment: In addition to the fixed
system, a 2-A:1-B:C:K rated portable fire extinguisher should be installed near the exit
from the cooking equipment area. Show proposed location on the plans.
59. Automatic Power And Fuel Shut off: Automatic natural gas, electricity and ventilation
shutoff should be provided in accordance with the 98 CFC, Art. 10, Sec. 106.2.4., NFPA
17, 96 and UL-300.
60. Systems Testing: The hood and duct fire extinguishing system should be function
tested prior to final acceptance. Call the fire prevention secretary at 760-323-8186 for
an inspection appointment.
FIRE ALARM SYSTEMS
61. Fire Alarm System: Fire Alarm System required. Installation should comply with the
requirements of NFPA 72.
62. Audile water flow alarms: An approved audible sprinkler flow alarm should be provided
on the exterior of the building in an approved location. An approved audible sprinkler
flow alarm to alert the occupants should be provided in the interior of the building in a
normally occupied location. (904.3.2 CBC)
Page 18 of 27
63. Alterations and modifications: Alterations and modifications to an existing Fire Alarm
System should be in accordance with the 98 CFC, 96 NEC and NFPA 72. Fire alarm
contractor should contact the fire department as soon as possible for requirements.
64. Added Fire Alarm components: Any smoke detectors, heat detectors, or audible and
visual devices added to the existing system should be new, and the same brand, style,
and type as those already installed in the building. Exceptions only with advance
approval of the fire inspector. Contractor to provide manufacturers cut sheets for all
alarm devices used, with documentation of devices existing in the building.
65. Plan Submittals: The contractor should submit fire alarm system plans when the
building plans are submitted. This allows concurrent review of the fire alarm system and
building plans. Submittal should include manufacturers data/cut sheets and listings with
expiration dates on all equipment and materials used. Include battery calculations with
submittal.
66. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment should be in
accordance with NFPA 72, 760, NEC.
67. System Acceptance Test: Upon completion of the installation of the Fire Alarm System,
a satisfactory test of the entire system should be made. The test should be witnessed
by the fire inspector.
68. Protective Signaling Service (Central Station Service): A UL listed and certified
Protective Signaling Service (Central Station Service) is required. Provide the fire
department with proof of listing and current certificate. The fire department should be
notified immediately of change in service. (904.3.1 CBC)
SMOKE/FIRE DAMPERS AND DETECTORS
69. Fire Dampers: Fire Dampers should be provided where air ducts penetrate fire-rated
walls or ceilings.
70. Dampers and Detectors: Smoke Dampers and Activating Smoke and/or Heat Detectors
should be in accordance with the 1998 CBC and must be installed separately from the
Fire Alarm System. The signals for these devices should 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.
EXIT REQUIREMENTS
71, Door Swing: Exit doors should swing in the direction of the path of exit travel where the
area served has an occupant load of 50 or more. The door should swing to the fully
open position when an opening force not to exceed 30 pounds is applied to the latch
side. (1003.3.1.5 CBC)
Page 19 of 27 �/ O
72. Double acting doors: The use of double acting doors is prohibited when the occupant
load served by the door is 100 or more. (1003.3.1.5 CBC)
73. Means of Egress Illumination: Any time a building is occupied, the means of egress
should be illuminated at an intensity of not less than one foot-candle at the floor level.
(1003.2.9.1 CBC)
74. Power supply: The power supply for means of egress illumination should normally be
provided by the premises electrical supply. In the event of its failure, illumination should
be automatically provided from an emergency system for all occupancies where the
means of egress system serves an occupant load of 100 or more. (1003.2.9.2 CBC)
75. Aisles: Provide and maintain exit aisles. The minimum clear width should be 36 inches
when displays or fixtures are placed on only one side of the aisle, and 44 inches where
such displays or fixtures are placed on both sides of the aisle. 1004.3.2.2 CBC)
76. Exit doors - type of lock or latch: Exit doors should be openable from the inside without
the use of a key or any special knowledge or effort. Manually operated edge or surface-
mounted flush bolts and surface bolts or any other type of device that may be used to
close or restrain the door other than by operation of the locking device should not be
used. (1003.3.1.8 CBC)
77. Required Exit Signs: Provide exit signs located to be clearly visible from any direction of
approach. No point should be more than 100 feet from the nearest visible sign.
(1003.2.8.2 CBC)
78. Exit sign illumination: Exit signs should be internally or externally illuminated. When the
face of an exit sign is illuminated from an external source, it should have an intensity of
not less than five foot-candles from either of two electric lamps. Internally illuminated
signs should provide equivalent luminance and be listed for the purpose. (1003.2.8.4
CBC)
79. Exit sign power source: All exit signs should be illuminated at all times. To ensure
continued illumination for a duration of not less than 1.5 hours in case of primary power
loss, the exit signs should also be connected to an emergency electrical system
provided from storage batteries, unit equipment or an on-site generator set. Exception:
approved self-luminous signs. (1003.2.8.5 CBC)
80. Corridors: Doors opening into required 1-Hour Fire Resistive Corridors should be
protected with a smoke or draft-stop fire assembly having a 20 minute rating and be self
closing.
EXIT SIGNS AND ILLUMINATION
81. Exit Sign Lettering Requirements: Exit signs should be six inches high with 3/4" stroke
block letter on a contrasting background.
Page 20 of 27 I Ito'
82. Group A Occupancy Exit Requirements: Exit doors serving Group A Occupancies
should not be provided with a latch or lock unless it is panic hardware. (1007.2.5 CFC)
83. A Occupancy Corridor Requirements:
Floor-Level Exit Signs: Floor-Level Exit Signs are required. Signs should be internally
or externally illuminated, or self-luminous. The bottom of the sign should not be less
than six inches or more than eight inches above floor level and should indicate the path
of exit travel. Sign locations to be determined by fire inspector. Photo luminescent
signs are not acceptable. (1007.2.8 CFC)
OCCUPANCY CLASSIFICATION AND OCCUPANT LOAD
84. Occupant Load Sign Posting Requirements
Posting of Room Capacity: Any room having an occupant load of 50 or more where
fixed seats are not installed, and which is used for assembly purposes, should have the
capacity of the room posted in a conspicuous place on an approved sign near the main
exit from the room. Such sign should be maintained legible by the applicant or the
applicant's authorized agent and should indicate the number of occupants permitted for
each room use. (2501.16.1 CFC)
FLAME TREATMENT STANDARDS
85. Flame Retardant Treatment and Standards: All flame retardant treatments and
standards should be in accordance with the CFC and CBC. Submit certificate and
listing with expiration date directly to the fire department for file. Submit a fabric sample
of same color for file.
86. Floor/Wall/Ceiling Coverings (Textile) floor, wall and/or ceiling coverings: (Textile) floor,
wall and/or ceiling coverings should meet the requirements of the 98 CFC and 98 CBC.
Submit critical flux data, certificates and listings directly to the fire department for
approval and file.
ENGINEERING:
87. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit.
Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plan(s) should be approved by the City Engineer prior to
issuance of any grading or building permits by the Tribe.
Minimum submittal should include the following, IF applicable:
a. Copy of signed Conditions of Approval from the Tribal Planning Department.
b. All agreements and improvement plans approved by City Engineer, IF applicable.
Page 21 of 27 I A 2
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required by
these conditions.
ANDREAS ROAD EAST
88. The existing driveway approaches should be removed and replaced with six inch curb
and gutter located 32 feet north of centerline per City of Palm Springs Standard Drawing
No. 200 and 206.
89. Construct a curb ramp meeting current California State Accessibility standards at the
northwest and northeast corners of Andreas Road with Calle El Segundo and Calle
Encilia, respectively, per City of Palm Springs Standard Drawing Nos. 212 and 212A.
CALLE ENCILIA NORTH
90. The existing driveway approaches (located on APN 508-042-006 and 508-042-010)
should be removed and replaced with six inch curb and gutter and eight foot wide
sidewalk.
91. The new parking lot south of Amado Road (APN 508-040-010) requires construction of
a minimum 24 foot wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 201.
92. The new parking lot between Amado Road and the north project property line (APN 508-
021-024 and 508-032-004, 003) requires construction of two minimum 24 foot wide
driveway approaches in accordance with City of Palm Springs Standard Drawing No.
201. The driveway approaches should align with existing driveway approaches, if any,
on the west side of Calle Encilia or be located in the vicinity of the paper streets named
Delores Road and Olivia Road as shown in APN 508-032-004, 003.
93. Construct a six inch curb and gutter, 32 feet East of centerline along the frontage of
APN 508-021-024, 508-032-004, the unimproved portion of 508-032-003, and match
existing curb per City of Palm Springs Standard Drawing No. 200 and 206,
94. Construct a minimum eight foot wide sidewalk behind the curb along the entire frontage
of APN 508-021-024, 508-032-004, the unimproved portion of 508-032-003, and match
existing sidewalk in accordance with City of Palm Springs Standard Drawing No. 210.
95. Remove and replace existing pavement with a minimum pavement section of three inch
asphalt concrete pavement over 6 inch aggregate base with a minimum sub-grade of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean
saw cut edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110. The pavement section should be designed, using
"R" values, by a licensed Soils Engineer and submitted to the City Engineer for
approval.
Page 22 of 27 )3
CALLE EL SEGUNDO
96. The existing driveway approach (located on APN 508-042-008) should be removed and
replaced with six inch curb and gutter and eight foot wide sidewalk.
97. The new parking lot south of Amado Road (APN 508-042-006) requires construction of
a minimum 24 foot wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 201.
98. The new parking lot between Amado Road and the north project property line (APN 508-
021-023 and 508-032-003) requires construction of two minimum 24 foot wide driveway
approaches in accordance with City of Palm Springs Standard Drawing No. 201, The
driveway approaches should align with existing driveway approaches, if any, on the east
side of Calle El Segundo or be located in the vicinity of the paper streets named Delores
Road and Olivia Road as shown in APN 508-032-003.
99. The most northerly driveway approach (third driveway) shown on the proposed site plan
should be deleted.
100. Construct a six inch curb and gutter, 32 feet west of centerline along the frontage of
APN 508-021-023 and the unimproved portion of 508-032-003 and match existing curb
per City of Palm Springs Standard Drawing No. 200 and 206.
101. Construct a minimum eight foot wide sidewalk behind the curb along the entire frontage
of APN 508-021-023 and the unimproved portion of 508-032-003 and match existing
sidewalk in accordance with City of Palm Springs Standard Drawing No. 210.
102. Remove and replace existing pavement with a minimum pavement section of three inch
asphalt concrete pavement over six inch aggregate base with a minimum sub-grade of
24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean
saw cut edge of pavement along the entire frontage of APN 508-021-023 and the
unimproved portion of 508-032-003 in accordance with City of Palm Springs Standard
Drawing No. 110. The pavement section should be designed, using "R" values, by a
licensed Soils Engineer and submitted to the City Engineer for approval.
AMADO ROAD EAST
103. Construct a minimum 80 foot wide Main Entry which allows for minimum 25 foot wide
ingress and egress lanes on the north and south sides of Amado Road in accordance
with City of Palm Springs Standard Drawing No. 205.
104. The raised landscaped median islands should be located behind the property lines
assuring adequate sight distance in both directions.
105. Construct curb ramps meeting current California State Accessibility standards at the
southeast and southwest corners of the intersection of Amado Road East with the Main
Entry per City of Palm Springs Standard Drawing Nos. 212 and 212A.
Page 23 of 27 vq�Y
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106. Construct curb ramps meeting current California State Accessibility standards at the
northeast and northwest corners of the intersection of Amado Road East with Calle
Encilia and Calle El Segundo, respectively, per City of Palm Springs Standard Drawing
Nos. 212 and 212A.
107, Remove and replace existing pavement with a minimum pavement section of three inch
asphalt concrete pavement over six inch aggregate base with a minimum sub-grade of
24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean
saw cut edge of pavement along the Main Entry in accordance with City of Palm Springs
Standard Drawing No. 110. The pavement section should be designed, using "R"
values, by a licensed Soils Engineer and submitted to the City Engineer for approval.
ALEJO ROAD EAST
108. Pending the results of the revised traffic study, the project applicant may need to
contribute, on a fair share basis, to the improvement of Alejo Road to four lanes
between Palm Canyon Drive and Via Miraleste, if the City implements a funding
mechanism addressing these improvements within five years of the issuance of an
occupancy permit for the gaming facility.
SANITARY SEWER
109. Connect all sanitary facilities to the City sewer system. Lateral should not be connected
at manhole.
110. The developer should pay sewer connection fees required to provide sewage collection
and disposal to the project site. Sewer fees should be paid prior to issuance of Permit
to Connect.
GRADING
111. As the Tribal Development Department is administering and building the parking lot and
casino sites, the Tribe should enforce Chapter 8.50 "Fugitive Dust and Erosion Control"
of the City of Palm Springs Municipal Code. A PM-10 (dust control) plan should be
submitted to and approved by the Tribal Development Department, prior to approval of
the parking lot and casino grading plans.
112. Developer should obtain a General Construction Activity Storm Water Permit from the
State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy
of same, when executed, to the City Engineer prior to issuance of the grading permit.
113. In accordance with City of Palm Springs Municipal Code, Section 8.50.05(c), the
developer should post with the City a cash bond of two thousand dollars ($2,000.00) per
acre for mitigation measures of erosion/blow-sand relating to his property and
development. Recommended to cover any emergency dust control measures when
contractor cannot be contacted during evenings and weekends.
Page 24 of 27 a►
114. Contact the Building Department to get information regarding the preparation of the PM-
10 (dust control) Plan requirements and provide copy of approved PM-10 Plan to City
Engineer.
115. 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 are 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) or a verbal release from that office prior to the issuance of the City grading
permit. The California Department of Food and Agriculture office is located at 73-710
Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) Provide copy of permit to City
Engineer.
DRAINAGE
116. It is recommended that the developer design and construct drainage facilities, Lateral
15A, according to the approved Master Drainage Plan for the Palm Springs Area and
referenced in the Section 14 Master Plan. Validated costs incurred by the developer for
design and construction of storm and/or drainage improvements adjacent to such
development as shown in said Master Plan may be credited toward the drainage fee
otherwise due or in the event such cost exceeds the fee otherwise due, the City will
enter into a reimbursement agreement with developer to reimburse him for such excess
costs from drainage fees collected from other development. This condition should be
complied with, to the satisfaction of the City Engineer, prior to opening.
117. The developer should enter into an agreement with the Riverside County Flood Control
and Water Conservation District to establish the terms and conditions covering plan
checking, inspection and acceptance of the facilities, Lateral 15A, for operation and
maintenance.
118. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. The
fee will be charged to all vacant parcels and parcels where existing improvements are to
be demolished and no fee was originally paid. Fees should be paid prior to opening.
GENERAL
119. Any utility cuts in the existing off-site pavement made by this development should
receive trench replacement pavement to match existing pavement plus one additional
inch. See City of Palm Springs Standard Drawing No. 115. Pavement should be
restored to a smooth rideable surface.
Page 25 of 27 "�Ila
I
120. All existing utilities should be shown on the street plans. The existing and proposed
service laterals should be shown from the main line to the property line. The approved
original grading/street plans should be as-built and returned to the City of Palm Springs
Engineering Department prior to opening.
121. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this
project should be removed or under-grounded. The location and size of the existing
overhead facilities should be provided to the Engineering Department along with written
confirmation from the involved utility company(s) that the required deposit to
underground the facility(s) has been paid, prior to issuance of a grading permit.
122. All under-grounding of utilities should be completed prior to opening.
123. Nothing should be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight distance
per City of Palm Springs Zoning Code 93.02.00 D.
TRAFFIC
124. The developer should provide a minimum of 48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above-ground facilities for handicap
accessibility. The developer should provide same through dedication of additional right-
of-way and widening of the sidewalk or should be responsible for the relocation of all
existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances
located on the ANDREAS ROAD, CALLE ENCILIA ROAD, CALLE EL SEGUNDO and
AMADO ROAD frontages of the subject property.
125. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" should be
installed per City of Palm Springs Standard Drawing Nos. 620-625 at the following
locations:
All parking lot egresses to public streets and interior travel ways.
126. Construction signing, lighting and barricading should 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 should be in accordance with State of
California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR
CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent
additions in force at the time of construction.
127, This property is subject to the Transportation Uniform Mitigation Fee based on the
INDOOR RECREATIONAL FACILITY ITE Code A land use or an equivalent fee
pursuant to an agreement to be negotiated with the Coachella Valley Association of
Governments (CVAG) and the Tribal Council.
128. The developer should coordinate the Grand Opening and all other special events with
the Palm Springs Special Events Committee and the Palm Springs Police Department.
Page 26 of 27 � AP
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BUILDING AND SAFETY
129. Confirm the sizing calculations for the proposed grease interceptor to demonstrate
compliance with Appendix "H" of the 1998 California Plumbing Code.
130. Provide opportunity for Building and Safety Department to inspect the installation and
connection of grease interceptor.
131. Provide opportunity for Building and Safety Department to inspect the installation and
connection of sewer lines to City sewer system.
Page 27 of 27
Page 7 of 10
Planning Commission Minutes
September 25, 2002
Case 5.0667 — Review of proposed Agua Caliente Band of Cahuilla Indians Spa Casino on
properties bounded by Andreas Road, Calle Encilia, and Calle El Segundo, R-4 Zone, Section 14.
Director reiterated previous information regarding Section 14 conflicts of interest and asked each
Planning Commissioner to state his or her specific conflict for the record, although, he reported,
conflicts are not weighted and Commissioners will then draw lots for participation purposes.
Commissioner Conrad reported no conflict.
Commissioner Marantz reported family-member income and business(G&M Construction)conflict.
Commissioner Grence reported that his employer, Palm Springs Unified School District, is located
adjacent to the project, at 980 Tahquitz Canyon Way.
Commissioner Shoenberger reported that he is an ownership partner in real property located at 801
East Tahquitz Canyon Way which is within 500 feet of the proposed casino.
Commissioner Caffery reported that he has a business conflict through his company, First Priority
Mortgage.
Chairman Klatchko reported that he is the attorney forthe Plaza del Sol Homeowners'Association,
which is the property directly east of the proposed development.
Planning Commission Minutes of September 25,2002
10;A4
Page 8 of 10
Planning Commission Minutes
September 25, 2002
Commissioner Matthews reported no conflict.
Director conducted a drawing of lots of the five Commissioners with conflicts and Commissioners
Klatchko and Shoenberger were designated for participation.
Director reported that the City and Tribe have a land use contract which includes a processing
agreement for property development. He reported that the City has 30 days to review the project,
prepare Conformity Report (for Tribe's consideration), hold public meeting with City Council,
receive public and Tribe comments, and then hold a Joint City/Tribal Council meeting; after which,
the Tribal Council can act on the project. He reported that the Planning & Zoning, Engineering,
Fire, and Police Departments are currently reviewing the project. He reported that the Tribe
proposed a casino of the same size and location in 1994 which included parking and traffic analysis
pertinent to the current proposal. He stated that the 119,000 square foot casino required 1,300
parking spaces which is sufficient but that the Tribe will provide approximately 1,500 spaces for
spa, hotel, and post office parking requirements. He reported that project is consistent with 1994
environmental documents and noted that the parking is now proposed to be all surface in
comparison with the previously proposed multi-level deck structure. He reported that the Design
Review Committee was not unanimous in its comments regarding the architecture and clarified that
the project architects, a well respected firm (Wimberly, Allison, Tong, and Goo) considered the
location of the casino (adjacent to the hotel and in a residential area) when proposing the resort
design.
Commissioner Caffery left the meeting.
Director reported that staff recommends an increase of shading in the parking lot and adequate
wall and landscape screening for adjacent residential properties. He reported that the mass of the
building will be 40 feet in height, with towers reaching 53 feet in height around the perimeters. He
stated that staff also suggested utilizing significant areas for outdoor activity/dining experiences.
Chairman Klatchko invited Tom Davis, Planning Director,Agua Caliente Band of Cahuilla Indians,
to the podium.
Mr. Davis stated that the Tribe is pleased to bring the proposed casino to the City for review and
comment and introduced the Director of Construction, Mr. Rob Knell.
Mr. Knell reported that there will be a high-end restaurant located at the southwest corner of the
casino with outdoor dining as well as functional windows opening to the patio. He stated that his
firm has endeavored to be consistent with the 1994 Environmental Assessment as certified by the
California State Department of Gaming, the City, and the Tribe. He stated that the design for the
casino is intended to blend with the entire resort;therefore,the design is not typically"casino-like".
He also reported that, after the project is complete, the existing tent structure will be removed
(within one year) and the master plan for the spa will be finalized for continuing improvements.
Commissioner Shoenberger gave an overview of the September 23, 2002 Design Review
Committee hour-long discussion on this project. He reported that the orientation of the building
(why the main entrance faces north)was discussed and that the parking layout was a large factor
Page 9 of 10
Planning Commission Minutes
September 25, 2002
in that siting. He stated that there was some negative discussion concerning the blue concrete flat
tile roof, the bright white color of the buildings, that the architecture should look more like a casino,
and that parts of the second story have false balconies and windows. He stated that only two of
the six Design Review members present were in favor, with reservations, of the proposed design.
Commissioner Conrad expressed her gratitude to the Tribe for the residential design of the casino
and stated that she appreciates the effort to make the building resemble two stories rather than a
box-like structure. She asked for clarification of the siting rationale and that a material sample
board be provided to the Planning Commission for review.
Mr. Davis reviewed posted exhibits forthe Planning Commission and explained the sequential tie-in
to the overall resort area.
Commissioner Shoenberger stated that he feels that intensive screening of the bus parking area
is critical for area residents. He stated that he likes the proposed style—that it is appropriate for,
and blends well with, the neighborhood.
Commissioner Matthews stated that he applauds the efforts taken to make the casino fit so well
into the residential area. He stated that he feels there should be more shade in the parking lot area
and that, as Commissioner Shoenberger stated, the bus parking area screening is crucial. He
stated that there may be some conflict in the area for the Deauville Condominiums development.
Mr. Davis stated that the setback from the parking lot includes an eight foot sidewalk and 40 feet
of landscaped area. He stated that the east side (facing the condominiums) will have significant
planting space and could have an approximate 40 foot setback with a screen wall for the loading
area. He also stated that no Sign Program is proposed at this time but will feature directional signs
and at least one major sign (similar to existing).
Chairman Klatchko stated that he feels the design concept is unique compared to other Coachella
Valley casinos and is an enhancement to the Downtown. He stated that concerns he would like
City Council to be apprized of concerns which include the bus parking area (its location and
screening); the building color and materials (that he would like Planning Commission to review
actual samples); parking lot screening; parking lot lighting; parking lot shading; equipment area on
the south side of the project; and that the future Sign Program design should respect the
neighborhood.
Mr. Davis reported that the 1994 Environmental Assessment review included the same concerns
and that the Tribe will update the plans to assure compliance with the 1994 approval. He also
stated that, over the next 30 days, several neighborhood meetings will be scheduled (with Plaza
del Sol, Deauville, and San Tropez Homeowners'Associations).
M/S/C (Matthews/Conrad 4-0, 3 abstention) to endorse the project as proposed and that the
landscape plan meet minimum 50% parking lot shading requirement and adequate wall and
landscape screening is provided for adjacent residential properties; in addition, that City Council
be apprized of concerns which include the bus parking area (its location and screening); the
building color and materials (that Planning Commission review actual samples); parking lot
screening; parking lot lighting; parking lot shading; equipment area on the south side of the project;
and that the future Sign Program design should respect the neighborhood. )9-3/
Police Department statistical data
1.43 calls per day at Casino in 2001 (522 total)
Increase 15% is 1.65 calls per day (600)
18.66 calls per day calls in downtown area in 2001 (6773 total)
Increase 15% is 21.34 calls per day (7,788 total)
77 calls (dispatched) per day in City (28,104)
348 calls per day in City (127,086 total)
Unknown how many calls are "Casino Related" as we cannot search that field in
Tiburon. Casino related would include follow home thefts, traffic accidents to and from
casino, persons contacted off casino property who are going to or coming from casino,
etc.
Casino Property Calls
660 v e b '
'0
en4 ` l..l
r8o
r"�Ei4�ie`41(
640
620
660 ^
eca:i o
600
460
2001 Projeolod
Downtown Calls
7600
7600
7400 r
7200
7000 ■�ovmlown Cells
6600 h'prf yV
0600
6400
6200 1, �, ft3c
2061 Prolecied 1
P'ralicc d�partmant Statistical [7ata
Police Department proposed coverage for Casino Bike Beat
Sun Mon Tue Wed Thu Fri Sat
2400-0100
O100-0200
0200-0300
0300-400
0400-0500
0500-0600
060070700
0700-0800
0800-0900
0900-1000
1000-1100
1100-1200
1200-1300
1300-1400
1400-1500
1500-1600
1600-1700
1700-1800
1800-1900
1900-2000
2000-2100
2100-2200
2300-2400
1 Officer 5 Officers working 10/4 plan
2 Officers
3 Officers
Pvlica LDaPt- F�raposact Cc3vera9e For Casinci I3iKt3 Beat
�� Ill 32)
City of Palm Springs
Summary of Community Meeting regarding
Agua Caliente Band of Cahuilla Indians Spa Casino Project
St. Tropez Villas HOA Board of Directors Meeting
October 12, 2002, 10:00 a.m.
Tennis Courts
Reported by Alex Meyerhoff
A community meeting regarding the Agua Caliente Band of Cahuilla Indians Spa Casino
Project was held on October 12, 2002, at 10 a.m, at the St. Tropez Villas tennis court area,
located on Alejo Road.
The Board of Directors (BOD) meeting was called to order at 10:00 am.
The meeting was conducted by Tom Davis and Alex Meyerhoff. Attendees included five
members of the St. Tropez Villas HOA BOD, approximately 20 community members and
the site manager.
The history of the 1994 project was discussed in detail including the project approvals,
environmental review and certification of the previous EA/MND bythe City of Palm Springs
and the National Indian Gaming Commission. The attendees were also provided with
background information on the history of tribal and reservation land. The design firm
WATG was discussed.
An overview of the similarities and the differences between the previous approval and the
current development proposal was provided. The 1994 proposal included a parking
structure.The proposed 117,000 square foot project includes 70,000 square feet of gaming
area. The existing Agua Caliente Casino on Bob Hope Drive is 138,000 square feet for
comparison purposes. The major difference is that the new casino will not have a Bingo
facility. The proposed facilitywill feature approximately 1,400 surface parking places. In the
future, a parking structure may be considered along Indian Avenue.
The remote parking lot north of Amado Road is currently under construction and would be
complete in December 2002. Grading and demolition for the casino will begin in December
2002, with an anticipated casino completion date of November 2003.
Tribal staff discussed the proposed plan including Andreas walkway and desired
pedestrian boulevard effect, shading, screening and landscape program, patterns of land
ownership including fee, allotted and tribal land, the future of the 230 room Spa Hotel
(unknown at present), the Plaza Motors building,
Tribal staff also noted that Mr. Rob Denel was the Director of Construction for the proposed
project.
IV�ighborhood fVIGP_ting Summaries
w,fT
St Tropez Villas HOA Spa Casino Info Mtg.
Meyerhoff report
10/12/02
Page 2
Following the project overview, the floor was opened to questions.
1. What about the Post Office site?
• The lease extends until 2016. The lease will not be extended.
2. Security
• The Tribe will provide on-site, 24 hour security. Remote video cameras would be
located in the parking lot. Parking lot lighting includes 18' poles with cutoff fixtures.
3. Noise
• A delivery schedule will be established. Busses will be allowed to run their motors.
The project will comply with standard construction hours, M-F 7-7, and Sat 8-5.
4. Operating volume and peak load of the casino.
• The existing casino has 740 machines. The proposed facility will have 1,000
machines and 400 restaurant seats. Project results in a floor area increase of 30%.
5. Traffic and street closures
• No permanent street closures are proposed. Temporary closures may be
unavoidable during construction. Increased project traffic on Calle El Segundo will
be negligible. The parking lot includes two driveways each along Calle Encilia and
El Segundo. No street R-O-W widening proposed.
6. Maximum height allowed.
• The site is zoned R-4VP and is subject to the High Rise ordinance. Under the
ordinance a 60' maximum height is allowed, with 1 00' allowed on Indian land.
7. Relocation of Fire Station #1.
• Not proposed as part of this project.
8. Additional issues mentioned by residents include the status of the existing tent (to
be removed), the fact that outdoor events, such as concerts cause noise and rattle
windows in the vicinity, and the future location of a traffic signal at the intersection
of Alejo Road and Via Miraleste.
City of Palm Springs
Summary of Community Meeting regarding
Agua Caliente Band of Cahuilla Indians Spa Casino Project
Palm Villas HOA Board of Directors Meeting
October 6, 2002, 9:10 a.m.
Palm Villas Condominium pool area
Reported by Alex Meyerhoff
A community meeting regarding the Agua Caliente Band of Cahuilla Indians Spa Casino
Project was held on October 6, 2002, at 10 a.m. at the Palm Villas Condominium pool
area, located at 200 N. Calle El Segundo.
The Board of Directors (BOD) meeting was called to order at 9:10 am.
The meeting was conducted by Tom Davis and Alex Meyerhoff. Attendees included six
members of the Palm Villas HOA BOD, 21 community members and the site manager. A
separate attendance list is attached.
The history of the 1994 project was discussed in detail including the project approvals,
environmental review and certification of the previous EA/MND by the City of Palm Springs
and the National Indian Gaming Commission. The attendees were also provided with
background information on the history of tribal and reservation land, ownership,
development practices, tribal governance and sovereignty.
An overview of the similarities and the differences between the previous approval and the
current development proposal was provided. The proposed 117,000 square foot project
includes 70,000 square feet of gaming area and would feature approximate 1400 surface
parking places. Grading and demolition will begin in December 2002, with an anticipated
completion date of November 2003. The previous proposal included a parking structure.
Tribal staff noted the Tribe's intent to operate under a "good neighbor policy".
Following the project overview, the floor was opened to questions.
1. Site design including the location of the pedestrian entrance and the location of
trash, delivery and service functions along El Segundo.
• The Tribal staff noted that the pedestrian entrance was located along Calle Encilia
and that service functions, including trash and deliveries would be located along El
Segundo, in a well landscaped, screened and semi-enclosed area.All trash storage
would be fully enclosed. The wet compactor for food waste will be fully enclosed
and ventilated. No exterior storage would occur on site. Tribal staff noted that while
the facility is a 24 hour operation, it is their intent that the hours for delivery and
trash service would be limited to daylight hours. Specific hours for those operations
were not addressed.
laft3l(o
Spa Casino Info Mtg.
Meyerhoff report
10/06/02
Page 2
2. Location of bus parking.
• Bus drop off would be located at end of the porto-cochere on the north side of the
casino. Bus parking would occur in the northern parking lot. Staff would work with
the City to post signage prohibiting bus parking along Calle El Segundo.
3. Operating volume and peak load of the casino.
• The facility is designed with 1,000 machines and 400 restaurant seats and served
by a 1,400 space parking lot, . No information was provided on annual attendance.
4. Security
• The Tribe will provide on-site, 24 hour security. Remote video cameras would be
located in the parking lot.
5. Can the tribe prevent parking in the Palm Villas condominiums guest parking lot.
• The Tribe will work with the HOA and Board on this issue.
6. Traffic, street improvements, signage and signalization.
• Atraffic report is being prepared as partof the Environmental Assessment/Mitigated
Negative Declaration and will contain specific traffic recommendations. No
additional right of way dedications or street widening are proposed. Vacation of right
of way or elimination of exiting roadways is not proposed.
7. Value of project.
• Tribal staff did not have an estimate of the value of the project.
8. Hours of operation
• Casino and buffet 24 hours, restaurant 10 a.m. - 10 p.m.
9. Additional issues mentioned by residents include potential loss of rental revenue for
condominium, and the location a traffic signal at El Segundo/Amado intersection.
)oNA-157
w Q4 pA`M SA�'C
N City of Palm Springs
•
Department of Planning &Zoning
C44 FOIL MEMORANDUM
Date: October 17, 2002
To: City Council
From: Director of Planning & Zoning via City Manager
Subject: Casino Conformity Report—Summary
1. Conformity Report and Meeting Schedule:
• September 17, 2002 —Tribe Submits Project Report.
• October 17, 2002 —City Manager Conformity Report Completion
• November 06, 2002 — City Council Meeting on Conformity Report
• December 04, 2002 —Joint City and Tribal Council Meeting (tentative)
• Tribal Council Decision at Joint Meeting or anytime thereafter
NOTE: Tribe should submit comments on Conformity Report prior to November 06,
2002 public meeting.
2. Proposed Casino Project:
• 119,000 square feet;
• 1,474 Hotel and Casino parking spaces (includes parking for Hilton Hotel and Post
Office);
• Building Height—40-41 feet with architectural features to 53 feet in height;
• Parking lots should comply with City design and lighting standards;
• Project complies with City General Plan and Section 14 Master Plan;
• Loading area near Plaza Villas screened by buildings and walls; 14W138
Conformity FRC3�port C7utliin4a
Page 2 of 4
Casino Conformity Report
October 17, 2002
• Project complies with City and Tribal setback standards;
• Street vacation (Andreas Road) not proposed at this time;
• A decorative meandering sidewalk is proposed along Andreas Road;
• No new/major signage proposed other than signs at the casino entries and
driveways.
3. Planning Commission Action:
• Planning Commission supported the overall building design and recommended
further review of roof tile, compliance with City parking and lighting ordinances;
• Design Review Committee expressed concerns about strength of architecture.
4. Fire Department:
• City needs to ask Tribe to use Fire Department plan check and inspection services;
• Project needs to comply with adopted codes and ordinances;
• Increase in calls for service both medical and fire response;
• Undetermined increase in staffing levels identified in Tribal Environmental
Assessment.
5. Police Department:
• Project will require increased patrol, traffic, and detective service levels;
• Onsite security provided by Tribe
• New Police services will require five officers and one secretary at an estimated cost
of$435,433, one 24/7 bike patrol officer is recommended.
6. General Support Services:
• Not estimated.
lckR 3?
Page 3 of 4
Casino Conformity Report
October 17, 2002
7. Fiscal Impact:
• No sales or property tax revenue from project;
• Casino DDA calls for annual payments as follows:
» $100,000 YEAR ONE
» $125,000 YEAR TWO
» $150,000 YEAR THREE
» $175,000 YEAR FOUR
» $200,000 YEAR FIVE
» $300,000 YEARS SIX THROUGH TEN
• Finance estimates taxes not paid to be as follows:
» Property Tax $250,000 per year (Assessed valuation $25million)
» Sales Tax $50,000 per year ($5million sales)
» Utility Users Tax $30,000 per year ($600,000 utility cost)
» Business License Tax$7,182 per year
• One-time fees not paid:
» Building Permit Fees $47,000
» Public Arts Fee $77,470
» Construction Tax $47,600
• Fees which should be paid are as follows:
» Sewer Inspection $46
» TUMF $281,645
• Sewer Connection fees and Sewer Reimbursement Agreement will need to be paid.
• Lost direct annual revenue — ongoing — General Fund $87,182
Redevelopment Agency $250,000
NOTE: Other fees will be addressed in the Conformity Report.
8. Housing:
• 125 new jobs to be provided;
• Low, moderate, and market-rate housing needs generated;
• Current City/RDA uses 20% tax increment set-aside funds to encourage
1A A (/D
Page 4 of 4
Casino Conformity Report
October 17, 2002
development of affordable housing. This project will not pay property tax;
• City and Tribe should consider cooperative affordable housing programs to increase
availability of affordable housing.
9. Development Committee Recommendation:
• Building, Fire, Public Works, and Planning have developed a detailed set of
recommendations based upon City, State, and Federal codes and ordinances;
• Recommendations are consistent with what City staff would recommend on any
development project;
• Planning and Engineering staff have provided suggestions and recommendations
to Tribal staff and consultants over the past several months;
• Encroachment Agreements and plan approval by City required for all work in City
right-of-way.
10. Future Spa Hotel Development Program:
• City should ask Tribal Council to work cooperatively in the design since linkages to
Downtown will be very important.
iA.AY1
DATE: NOVEMBER 06, 2002
TO: CITY COUNCIL
FROM: DIRECTOR OF PLANNING AND ZONING
RE: CASE NO. 5.0667 — PD 232 — SUPPLEMENTAL REPORT:
DRAFT CONFORMITY REPORT ON AGUA CALIENTE BAND OF CAHUILLA INDIANS
SPA AND CASINO PROJECT, A PROPOSAL TO CONSTRUCT A 119,000 SQUARE
FOOT CASINOAND RELATED 1,474 SPACE PARKING LOT ON 10.5 ACRES, LOCATED
ON A SITE GENERALLY BOUND BY ANDREAS ROAD, CALLE ENCILIA, AND CALLE
EL SEGUNDO, ZONE R-4VP, SECTION 14.
The Tribal Council has submitted written comments dated November 05, 2002 regarding
the Draft Conformity Report. A copy of the Tribal Council response is attached to this
report.
City staff has reviewed the Tribal Council response and notes that many of the responses
do not require a specific response. City staff expected the Tribal Council to maintain its
policy of handling all plan check, permitting, and inspections for all onsite improvements.
The following City staff comments are provided to augment the Conformity Report and, if
adopted by the City Council, shall be included in the City's final Conformity Report.
TRAFFIC MITIGATION: The City Engineer has reviewed the October21, 2002 Traffic
Study Update for the New Spa Casino and has transmitted specific comments to Tribal
Planning Staff. Specific comments note that additional evaluation and analysis should be
provided for the following:
• Detailed recommendations for pedestrian access/crossings from the new parking
facilities and New Spa Casino. A mid-block street crossing is proposed;
• Traffic control devices (e.g. signals, stop signs, etc.) at currently unsignalized
intersections(including Calle El Segundo/Alejo Road, Calle Encilia/Alejo Road, and
other adjacent streets);
• Specific analysis and recommendations for Alejo Road improvements for portions
of the roadway east of Indian Canyon Drive.
City staff recommends that the Tribal Traffic Engineer, City Engineer, and other staff meet
and revise the Traffic Study update prior to the joint meeting scheduled for December 05,
2002.
HOUSING: City staff agrees that availability of affordable housing is a regional issue and
that individual businesses should not be required to construct affordable housing for its
workers.
The Conformity Report recommends that the City and Tribe should consider developing a
cooperative program to rehabilitate and develop new affordable housing. This
recommendation was not targeted as a direct link between Casino employees and new
housing. It was intended to open up a government-to-government dialog to discuss City-
wide affordable housing programs on which the City and Tribe could work cooperatively.
Housing opportunities on and off Agua Caliente Band of Cahuilla Indians Reservation are
of benefit to all business owners and is one of the region's challenges.
1�
Page 2 of 2
Case No. 5.0667— Pd 232 — Supplemental Report
November 06, 2002
POLICE SERVICES: The Police Department and Tribal representatives are meeting on
Police Services issues. An update may be provided at the meeting.
FIRE SERVICES: The Fire Department has noted Tribal comments and has no further
comment.
FISCAL IMPACT: City staff has reviewed the Tribal response and offers the following
observations:
• Of the Tribe's$238,000 contribution in 2002(see Exhibit 1 to the Spa Resort Casino
Project Report), $10,000 went to the Firemen's Association and $15,000 to the
Police Officers Association. Essentially, these are contributions to the Police and
Fire unions, and do not help to fund City services;
• The"Mitigation Fee" (see Section 8 of DDA) starts at$100,000 per year. However,
the first payment is not due until one year after the completion of Phase 1. In effect,
the City does not receive any DDA income for the first year of the casino's
operation;
• The annual tax savings from the Spa Hotel—property tax, utility users tax, business
license tax, and TOT rebate—are not included in the calculations. The total annual
amount is approximately $500,000;
• The "Unrealized City Revenue" of$337,182 per year is unadjusted for growth. If it
grew at 5% per year, the total in year 10 would be $524,000. Over the first 10
years, if the Tribe commits to the annual$238,000 Police and Fire Contribution, the
total Tribal Contribution will just about equal the unrealized City revenue.
Director of PJAning and Zoning
City Manager
ATTACHMENT:
1. Agua Caliente Band of Cahuilla Indians Conformity Report Response— November
05, 2002;
2. Agua Caliente Band of Cahuilla Indians Spa Resort Casino Project Report —
excerpted pages 8 and 9.
12
120. As-builts will be provided to the City as they become available rather than
prior to opening of the facility.
121. The Tribe will provide its own plan check and inspection services in lieu of the
City Public Works Department. It is the Tribe's policy to provide a set of plans to
the Public Works Department for a courtesy review during the Tribe's plan check
process. The City Fire Department will be provided a set of as-built plans for its
files when they are completed.
130, 131. The Tribe will provide its own plan check and inspection services in lieu
of the City Building and Safety Department. It is the Tribe's policy to provide a set
of plans to the Building and Safety Department for a courtesy review during the
Tribe's plan check process. The City Building and Safety Department will be
provided a set of as-built plans for its files when they are completed.
Responses to attached notes from the St. Tropez Villas HOA Meeting:
3. Noise: The delivery schedule will be M-F 8-5, Sat 8-3. Busses will NOT be
allowed to run their motors. The project will comply with standard construction
hours, M-F 7-7, and Sat 8-5.
Responses to attached notes from the Plaza Villas HOA Meeting:
8. Hours of operation: Casino and buffet: 10am — 10pm, Restaurant: 10am —
12midnight, Sports Bar: 24 hours.
H:\MEMOS-TJD\Draft Response to the Spa Casino Conformity Report-11-05-02.doc++
development will require the construction of drainage improvements specified in the
Master Plan of Drainage.
IX. PUBLIC STREET AND PARKING
The 1994 Disposition and Development Agreement (DDA), as amended, provides for
the vacation of certain streets. This project is consistent with that Agreement and as
such certain streets will be vacated. They are:
A. The north side of Andreas Road from the intersection of Calle Encilia east
to the intersection of Calle El Segundo.
B. The entire Right-of-Way of Calle Encilia from the intersection of Andreas Road to
the intersection of Amado Road.
It is anticipated that at this time, through traffic will be maintained on both road
segments. The Andreas Road streetscape shall include decorative paving at
intersections, decorative street lighting, and be designed to allow street closure for
special events and activities. The new roadway improvement center line for Andreas
Road between Calle Encilia and Calle Segundo shall align with Andreas Road on the
' east and west.
The original project proposal (Caesars) called for the construction of a parking garage
on the north side of the property. While a parking structure maybe needed in the future
it is not contemplated as this time. Since 1994, the Tribe has acquired property north of
Amado Road and has developed parking lots at that location. Parking for the proposed
' Casino is provided in the comparison with existing and previously approved plans as
follows:
' EXISTING TODAY 1994 PLAN 2002 PLAN
1112 1303 1303
X. FISCAL IMPACT ANAYSIS
The new Spa Casino facility will have negilible additional impact on public services. The
facility for the most part is replacing the existing facility. The 1994 Environmental
Assessment Mitigated Negative Declaration discusses impacts to public services and
mitigation measures adopted which the Tribe continues to be committed to. There are
also three additional funding opportunities available to offset costs related to pubic
' services, they are:
' 1. Section 8 of the existing Disposition and Development Agreement, as
amended, calls for an annual "Mitigation Fee" payment for ten (10) years
starting on the first anniversary of the opening of the casino.
1 8
2. Section 5.2(b) of the Tribal-State Compact provides for the City to obtain
' grants from the State's share of gaming device revenue in the Special
Distribution Fund.
' 3. The Agua Caliente Band of Cahuilla Indians has a strong history of
contribution to the local community. A summary of recent contributions is
provided on table marked Exhibit I.
1
1
1
1
' P:\MEMOS-TJD\SPA RESORT CASINO PROJECT REPORT 0902.doc
9
I
Q°gyp Call
N TRIBAL PLANNING , BUILDING & ENGINEERING
a �Q
MEMORANDUM
DATE: November 5, 2002
TO: Doug Evans, Director of Planning and Zoning
FROM: Thomas J. Davis, AICP `
Chief Planning Officer
RE: Conformity Report
Please find attached our response to the "Conformity Report" as approved by the
Tribal Council. This supercedes previous drafts. Also delivered herewith is the
building color and materials board. This board is currently as approved by the
Tribal Council but subject to change prior to completion of the building. Please
contact me if you have any questions.
TJD/ss
Attachments
C: Tribal Council
Tim Taylor
Bernie Simon
Ken Goldman
Rob Donnels
Margaret Park
650 C, TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 (760) 325-3400 FA& (760) 325-6952
1
Page 1 of 27:
Comment: `The project site and related development encompass approximately
10.5 acres."
Response: The site is 7.2 acres in size. The 10.5 acres was a gross acreage
prior to street dedication.
Page 3 of 27:
Comment: `The project was previously approved as a Planned Development
District, which allows for the opportunity to request flexibility regarding development
standards."
Response: The Tribe is proposing flexible standards as allowed under the
approved Planned Development District:
Item Development Zoning Proposed Item
Standard Ordinance Project
A. Landscape 300/0 19% A.
Coverage
B. Calle Encilia — 61.5' 25' to 50' B.
Side Setback
C. Calle El 61.5' 25' to 76' C.
Segundo -
Side Setback
Landscape Coverage: The original approved project included approval of a
Planned Development District that allows 12% landscape coverage instead of the
30% required by the Code. Under today's proposal, 19% of the site will be
landscaped, exceeding the requirements of the original approval.
A. Calle Encilia: The setbacks on Calle Encilia are proposed at a less
than a 1:1 ratio to create a pedestrian friendly streetscape. This frontage
features the pedestrian entrance to the Casino and the restaurant and
lounge uses. A 61.5' setback along this street would not create the
sense of place and pedestrian scale that is critical for visitors to feel
comfortable walking on the street. Such a large setback would be
appropriate in a suburban setting, but at this downtown location, would
hamper the ability to create a comfortable pedestrian space.
B. Calle El Segundo: The Planned Development District allows a 1:1
setback ratio along Calle El Segundo. The structure setback meets the
2
1:1 ratio and exceeds the ratio along most of the building elevation
except for the enclosed loading dock frontage. Overall, this setback will
provide adequate protection for the residents across Calle El Segundo.
It is important to note that the current building is, on average, 4 feet higher than
the originally approved building and the project now does not require a parking
structure. It was the parking structure that originally posed the most problems with
aesthetics and obstructed views from adjacent properties. The Tribe believes that
the new building design and site plan are a substantial improvement over the
original approved project in that it provides ample landscaped setbacks along
Calle El Segundo to protect residential uses, reduces setbacks along Calle Encilia
where a pedestrian scale is important and eliminates the parking structure that
blocked views from the adjacent properties.
Page 5 of 27:
Comment: "On September 25, 2002, the Planning Commission reviewed the
proposed project and voted to endorse the project, with the following
recommendations: That the parking lot design include adequate landscape
shading (minimum 50%), lighting and landscape and wall screening for adjacent
residential properties;"
Response: At full growth, the parking lot landscaping provides 50% shading,
however it achieves this coverage without installation of tree wells uniformly
across the parking lot. In general, parking lot lighting will consist of 12ft and 18ft
high light poles providing 1.8 foot candle power light. Along the north and east
property lines the poles will be 12ft high with side shields to protect homes
adjacent to the site. A photometric plan is included with this response letter.
Comment: "That the City Council be apprized of the Planning Commission's
concern about the location and screening of the bus parking area."
Response: A 6' block screen wall has been constructed along the north end of
the northern parking lot. Bus parking will be along the north wall and will be
screened from the existing homes by the 6' block wall. Buses will drop off
passengers at the front of the casino and then circulate to the north end of the
parking lot. The buses will parking along the wall, but will not be allowed to idle in
the parking lots.
Comment: "That the proposed materials, including stucco and tile colors, be re-
evaluated."
Response: The Tribal Council has evaluated a variety of architectural materials.
The selected materials have been carefully considered with the assistance of the
project architect. The Tribe believes that the materials proposed will be the most
3
compatible as most of the surrounding structures are stucco with tile roof
materials. It is the Tribe's intent to integrate this facility with the immediate
surroundings and not create a building that stands apart from existing shapes and
forms.
Comment: "That careful consideration, including evaluation of the potential for
noise, be provided regarding the location of mechanical equipment on the south
side of the building;"
Response: The location of the mechanical equipment will be screened so as to
minimize any exterior noise. It has been located on the south side of the structure
to be centrally located to all casino uses inside the building.
Comment: "That the future sign program design respect the neighborhood."
Response: Signage is presently represented on the casino building. No other
signage is proposed at this time. However, in the event additional signage is
developed, it will be reviewed in consultation with the City.
Comment: "...upon review of the revised project traffic study, updated
recommendations regarding on and off-site traffic may be necessary."
Response: The project as proposed will not generate enough additional traffic to
warrant significant improvements to surrounding streets. As is customary,
necessary street improvements are a part of this project. A review of the Updated
Traffic Study (October 2002) shows that the project has already been
contemplated in both the General Plan and the Section 14 Master Plan; therefore
no unanticipated impacts are expected.
Comment: "The City Council recommends that the City Staff be involved in the
early planning stages for any future improvement to the Spa Hotel."
Response: In a gesture of goodwill and continuing trust, the Tribe welcomes City
Staff's involvement in any future improvements to the Spa Hotel. It is clear that the
interests of both governments are served best by early and continued cooperation.
Comment: "The Building and Safety Department recommends that Tribal Staff
review the sizing calculation of the proposed grease interceptor to show
compliance with Appendix `H"of the 1998 California Plumbing Code."
Response: The Tribal Building Official will review the sizing to assure that it is
consistent with Tribal Building Codes. Said code referenced above has been
adopted by the Tribal Council.
4
Comment: "The Department would also appreciate the opportunity, to inspect
concurrently with Tribal inspectors, the installation of the grease interceptor and
on-site sewer lines to the City sewer system."
Response: Consistent with its practice during the construction of the Agua
Caliente Casino in Rancho Mirage, the Tribe will provide its own plan check and
inspection services in lieu of the City Building and Safety Department. P&D
Consultants is a national firm that provides planning, building, engineering and
construction services to both public and private clients. In its work for the Tribe,
P&D provides the following services:
• Plan Check Services (Building, Engineering and Fire)
■ Inspection Services (Building, Engineering and Fire)
• Building Official
• Tribal Engineer (equivalent to City /County Engineer)
■ Construction Management
All P&D Staff have appropriate credentials and licensing (ICBO certifications and
registration as professional engineers) to assure that construction meets Tribal
standards and is also consistent with local, state and federal standards.
It is the Tribe's policy to provide a set of plans to the City Building and Safety
Department for a courtesy review during the Tribe's plan check process. The Tribe
however does not see the benefit of having a parallel inspection process for City
Inspectors as installation of grease interceptors and on-site sewer lines will be
constructed to current Uniform Building Code requirements and generally
accepted health and safety and engineering standards. The City Building and
Safety Department will be provided a set of as-built plans for its files when
construction is completed.
Page 6 of 27:
Comment: "The Building and Safety Department has also provided a summary of
estimated normal and customary City fees which would be generated by the
project were it subject to the City's building permit process."
Response: Tribal Staff has reviewed the fees proposed by City Staff and will
recommend payment of several fees. Fees proposed for payment are shown in
bold type in the table below.
5
One-time Project Fees
FEE PURPOSE I AMOUNT TRIBE TO PAY?
Building Permit Issuance of $47,000.00 No. Permit will be
construction permit. issued by Tribe after
plan check by Tribal
consultant.
SMIP Tax Goes to State Fund $3,300.00 No.As a sovereign
for fault zone nation, the State's fault
mapping. mapping program
excludes reservation
properties. As such the
Tribe sees no benefit to
the program.
Microfilm Fees Maintains $1,000.00 No. However, the
documents for Tribe will provide
emergency digital versions of as-
situations. built plans for the
Cit 's files.
Public Arts Fee For Public Art $77,470.00 Yes or the Tribe may
provide equivalent
public art consistent
with other areas of
the City.
Construction Tax Funds City $47,600.00 No. There is no rational
Programs via the nexus for this fee.
General Fund. However, the Tribe
contributes annually to
community programs in
excess of this amount.
Sewer Inspection For inspection of $46.00 Yes.
connection of casino
to public sewer.
Sewer Agreement Reimbursement for $31,345.00 Yes.
sewer line extension
Sewer For connection to $203.00 per Yes.
Connection Fees the public sewer. fixture
($20,300.00 est.)
Drainage Fee For use of public $9,213.00 per Yes. A credit toward
storm drain system. acre construction of
($66,333.60 Lateral 15A would be
total) expected, thus
reducing this fee.
Transportation For regional $281,645.00 No. This fee is not
Uniform Mitigation transportation applicable to
Fee improvements. Government agencies.
However, the Tribe
will contribute this
amount for Regional
Traffic Improvements.
6
Please refer to Page 8 of this letter for a discussion regarding annual contributions
and donations by the Tribe to the City of Palm Springs.
Page 7 of 27:
Comment: "The largest source of funds available to the City is the low and
moderate income housing set-aside from redevelopment tax increment. Since the
Tribe will probably not pay property taxes on the casino, it will not generate tax
increment or housing funds to the Agency or City. Staff recommends that the City
and Tribe should develop a cooperative program to rehabilitate and to develop
new affordable housing."
Response: The Casino currently employs 850 employees and anticipates hiring
125-140 additional team members. The Tribe sees the availability of affordable
housing as a regional issue affecting all businesses and not an issue generated by
individual businesses such as the Spa Casino. As such, the Tribe is wary of any
proposals that require a business to construct affordable housing for its workers as
a remedy for this regional problem.
Please refer to Page 8 of this letter for a continued discussion regarding
contributions and donations by the Tribe to the City of Palm Springs.
Comment: "The Police Department notes that, 1.43 calls per day are currently
made to the Casino, for a total of calls 522 per year."
Response: Spa Casino Security Department records show that between
January and September 2002, there were 116 calls to the Police Department for
service. This is an average of 12.9 calls per month, which over a 12 month period
is a total of 155 calls or only 30% of the calls the Police Department has identified.
Comment: `The Police Department estimates that the new Casino will result in a
15% increase in the number of daily calls for service at the Casino..."
Response: The Police Department's charts (attached to the Draft Conformity
Report) show their estimate of anticipated Casino and Casino-related calls. The
Tribe offers the charts on the next page to show the data for this last year.
It is impossible for the Tribe to respond to Police Department concerns about
"Casino related" calls because the "related" calls listed are calls that most any
business operating in the City would generate. The Tribe suggests that concerns
with specific types of businesses would be best resolved via direct contact with
those individual businesses who are creating direct and measurable impacts.
If the Tribe assumes its own numbers are correct, the 155 calls are only 2.3% of
the 6,773 calls for service in the downtown area. The Tribe would be interested in
reviewing Police Department statistics regarding historical increases in service
7
calls directly related to the existing Spa Casino that would predict the 15%
increase in calls, however no statistics were provided in the Conformity Report.
Casino Calls vs. City Total
140000
'I
120000
100000 '
80000
� I
60000
40000 "
i
20000 '
0
ACBCI Calls per ACBCI calls per Total downtown Total City calls
year per ACBCI year per PD calls per year peryear
Casino Calls vs. Downtown Total
7000
6000 /
5000
4000
I
3000
20001000
ACBCI calls per year ACBCI calls per year Total dow ntow n
per ACBCI per PD calls per year
Page 8 of 27:
Comment: `The Fire Department recommends that the City provide Fire
Department plan check and inspection services for this project."
Response: The Tribe will provide its own plan check and inspection in lieu of the
City Fire Department. The Tribe's consultant will also perform testing of the fire
8
suppression systems. It is the Tribe's policy to provide a set of plans to the Fire
Department for a courtesy review. The Fire Chief or designated employees will be
invited to view testing of the system. Upon completion, the City Fire Department
will be provided a set of as-built plans for its files and be provided the opportunity
to tour the facility.
Page 9 of 27:
Comment: "The development...will have many positive effects on the overall
economy of the City. However, there will not be a direct tax benefit to the City."
Response: Revenues anticipated by the City can be categorized as either
annual revenues such as property tax, or as one-time revenues such as building
permit fees. A summary of the revenue impacts is shown below:
Summary of Revenues
Tribe Pays or
One-time Project Provides Annual
Fees Equivalent Revenues Tribe Pays
Building Permit $ 47,000.00 $ - $ -
SMIP Tax $ 3,300.00 $ - $ -
Microfilm Fee $ 1,000.00 $ - $ -
Public Arts Fee $ 77,470.00 $ 77,470.00
Construction Tax $ 47,600.00 $ -
Sewer Inspection $ 46.00 $ 46.00
Sewer Agreement $ - $ 31,345.00
Sewer Connection Fee $ 20,300.00 $ 20,300.00
Drainage Fee $ 66,333.60 $ 66,333.60
TUMF $ 281,645.00 $281,645.00
Business License Tax $ - $ 7,182.00 $ -
Utility Users Tax $ - $ 30,000.00 $ -
Property Tax- 20% Set
Aside $ - $ 50,000.00 $ -
Property Tax - Pass-
Throughs $ - $ 50,000.00 $ -
Property Tax -
Redevelopment Monies $ - $150,000.00 $ -
Sales Tax $ - $ 50,000.00 $ -
Police and Fire
Contributions $238,000.00
DDA Contribution $100,000.00
TOTAL $ 544,694.60 $477,139.60 $337,182.00 $338,000.00
City Gain or Loss of
Revenue $ (67,55SX(l) $ 818.00
9
ANNUAL CITY REVENUES
Property Tax
The Conformity Report indicates that $250,000 per year of property tax revenue is
lost; therefore monies for affordable housing are lost. It is important to note that
the City is required to set-aside 20% or $50,000 for affordable housing and is
mandated to pass-through another $50,000 to other agencies. This leaves only
$150,000 that could be used by the Redevelopment Agency for affordable housing
or redevelopment incentives such as low interest loans and tax reimbursement
agreements to new and expanding businesses. The Tribe is confident that the
$150,000 in property taxes not realized by the Redevelopment Agency will be
realized by the draw of the new Spa Casino. This project will itself be a strong
incentive for new businesses to locate within the downtown and will create a more
viable business climate for existing downtown businesses thus indirectly
generating revenue for the City.
Sales Tax/Utility Users Tax/Business License Tax
The Conformity Report estimates $87,182 in unrealized taxes due to the Tribe's
exemption from taxation. Historically, the Tribe has not been obligated to pay
these taxes, however in lieu of these taxes the Tribe has provided donations
averaging $300,600 to the City Police and Fire Department. While these funds are
not deposited into the General Fund, they do provide funding for important public
health and safety programs.
Annual Tribal Contributions
DDA Compensation
The DDA specifies an annual contribution to the City from the Tribe. In Year 1, the
Tribe contributes $100,000 with increases over the subsequent five years to a
maximum of $300,000 per year. A major benefit of these monies is that they are
..unencumbered" and can be used by the City for projects at its sole discretion.
Police and Fire Department Contributions
Over the last five years, the Tribe has contributed an average of $300,600 to city
police and fire programs. As shown below and in Exhibit "I" in the Project Report,
the Tribe has donated $238,000.00 to Police and Fire organizations in 2002.
10
Annual Tribal Contributions
DDA Police/Fire Total Tribal Unrealized City Gain or Loss for
Year Compensation Contribution Contribution Revenue City
1 $100,000.00 $238,000.00 $338,000.00 $337,182.00 $818.00
2 $125,000.00 $238,000.00 $363,000.00 $337,182.00 $25,818.00
3 $150,000.00 $238,000.00 $388,000.00 $337,182.00 $50,818.00
4 $175,000.00 $238,000.00 $413,000.00 $337,182.00 $75,818.00
5 $200,000.00 $238,000.00 $438,000.00 $337,182.00 $100,818.00
6 $300,000.00 $238,000.00 $538,000.00 $337,182.00 $200,818.00
7 $300,000.00 $238,000.00 $538,000.00 $337,182.00 $200,818.00
8 $300,000.00 $238,000.00 $538,000.00 $337,182.00 $200,818.00
9 $300,000.00 $238,000.00 $538,000.00 $337,182.00 $200,818.00
10 $300,000.00 $238,000.00 $538,000.00 $337,182.00 $200,818.00
TOTAL $2,250,000.00 $2,380,000.00 $4,630,000.00 $3,371,820.00 $1,258,180.00
While the City does not receive $ 67,555.00 in one-time project fees that this
project would generate if it were a non-tribal development, it will see a total benefit
of $1,258,180.00 over ten years that would not be realized were this a non-tribal
development. With respect to the request for funding for an additional downtown
police officer, if an additional police officer is warranted due to an overall increase
in downtown criminal activity, then the Tribe may be willing to pay 2.3%, or
$9,936.59, of the estimated $435,433.00 cost to employ an additional full-time
officer.
The above does not take into consideration the Tribe's annual contribution to the
Tribal/State Compact Special Distribution Fund from which the City may obtain
additional revenue. (See Page 9 of the Final Project Report.)
Page 11 of 27:
Correction: The name of the HOA should be corrected to Plaza Villas HOA, rather
than Palm Villas HOA.
Exhibit A— Recommendations
The recommendations in Exhibit A of the Conformity Report are consistent with
the Tribe's planned actions with the following exceptions:
2. A Construction Fugitive Dust and Erosion Control Plan has already been
prepared by the Tribe and will be provided to the City.
3a. All landscape and irrigation plans will be plan checked by the Tribe's contract
Building Official and Landscape Architect.
3b. No restricted or quarantined plant materials will be used in the development of
this project, therefore this recommendation should be removed. The Tribe would
be glad to review any list of restricted or quarantined plant materials that the City
uses as a reference for other development in the City.
7 & 8. The preliminary design of the Spa Casino has been reviewed by the City's
Architectural Board on September 23`d. Comments from the Board have been
noted by the Tribe's design team. As such, no further review is warranted.
11. This recommendation does not relate to this project and should be removed.
14. A six foot (6') decorative block wall has been constructed to screen the parking
lot from adjacent homes to the north.
17. Suggested change: Remove the last sentence of this recommendation. Every
effort will be made to locate disabled parking spaces as close to the building as
possible.
27. This recommendation should be dropped as the project will not be constructing
roads on 12% gradients.
33. It is proposed that this condition be deleted as no access gates or fencing are
proposed as a part of this project.
36, 37, 48, 57, 60, 63, 65, 67, 85, 86. The Tribe will provide its own plan check and
inspection in lieu of the City Fire Department. The Tribe's contract Building Official
and Fire Marshall will also perform necessary testing of fire protection related
facilities. It is the Tribe's policy to provide a set of plans to the Fire Department for
a "courtesy review" during the Tribe's plan check process. The Fire Chief or
designated employee will be invited to view testing of the system when completed.
Further, the City Fire Department will be provided a set of as-built plans for its files
when they are completed.
87. Street improvement plans will be prepared by the Tribe's contract Tribal
Engineer and will be submitted to the City Engineer for approval. The Tribe
respectfully disagrees with the recommendation that the plans should be approved
prior to issuance of grading or building permits by the Tribe and recommends
removal of the second sentence in the recommendation.
97. This is a duplicate of Recommendation No. 91 and should be deleted.
MINUTE ORDER NO.
APPROVING A CONFORMITY REPORT ON AGUA
CALIENTE BAND OF CAHUILLA INDIANS SPA
CASINO PROJECT, CASE NO. 5.0667, PD 232,
LOCATED ON A SITE GENERALLY BOUND BY
ANDREAS ROAD, CALLE ENCILIA, AND CALLE EL
SEGUNDO, ZONE R-4VP, SECTION 14.
------------------
I HEREBY CERTIFY that this Minute Order, approving a Conformity Report on
Agus Caliente Band of Cahuilla Indians Spa Casino Project, Case No. 5.0667,
PD 232, located on a site generally bound by Andreas Road, Calle Encilia, and
Calle El Segundo, Zone R-4VP, Section 14, was adopted by the City Council of
the City of Palm Springs, California, in a meeting thereof held on the 6th day of
November, 2002.
PATRICIA A. SANDERS
City Clerk
/Moz