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HomeMy WebLinkAbout24673RESOLUTION NO. 24673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 37726 FOR TIME SHARE PURPOSES FOR THE CONVERSION OF 163 ROOMS AT THE RIVIERA RESORT LOCATED AT 1600 NORTH INDIAN CANYON DRIVE ZONE R-3, SECTION 2, APN 501-090-014. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. AGRE DCP PALM SPRINGS, LLC, ("Applicant") (DBA: Riviera Hotel) has filed an application with the City pursuant to Chapter 9.62 of the City's Municipal Code (Maps) and Section 66426 of the State of California Subdivision Map Act, for a Tentative Tract Map for Time Share purposes located at 1600 North Indian Canyon Drive, Zone R-3, Section 2 ("TTM 37726"). B. On October 10, 2019, the Planning Commission held a public hearing on the application to consider TTM 37726 in accordance with applicable law, and after carefully review and consideration of all evidence presented in connection with the hearing on the matter, including but limited to the staff report, and all written and oral testimony presented and voted to recommend approval to the City Council. C. A notice of public hearing of the City Council of the City of Palm Springs to consider TTM 37762 was given in accordance with applicable law. D. On November 6, 2019, the City Council held a public hearing to consider TTM 37726 in accordance with applicable law. E. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the proposed project, including but not limited to the staff report, and all written and oral testimony presented and finds that the proposed project complies with the requirements of Chapter 9.62 of the City's Municipal Code (Maps) and Section 66426 of the State of California Subdivision Map Act. F. Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California Subdivision Map Act Section 66474, the City Council finds as follows: a. That the proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The Tentative Tract Map is for time share purposes providing for fractional ownership of Buildings 4 & 5. The proposed development will convert 235 hotel rooms to 163 time shares leaving 169 hotel rooms remaining in the Riviera Resort. The total number of units at 332 will meet the density requirement for the Tourist Resort Commercial Resolution No. 24673 Page 2 (TRC) land use designation and is consistent with the General Plan. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed subdivision is consistent with the R-3 zone in which the property is located. The Tentative Tract Map is for time share purposes and the underlying 16- acre lot will remain. The conversion of hotel rooms to time shares is consistent with the applicable R-3 zoning and the finding has been met. c. The site is physically suited for this type of development. The Riviera Hotel and Resort is a 16-acre complex of existing buildings containing hotel units and other amenities. The site has adequate off-street parking to accommodate the proposed time share conversion. There are no exterior alterations proposed for the property and the site is physically suited for this type of development and the finding has been met. d. The site is physically suited for the proposed density of development. The proposed conversion will reduce the number of rooms from 235 hotel units in Buildings 4 & 5 to 163 time share units in a combination of one -bedroom and studios. The project on 16.02-acres is consistent with the allowable density of forty-three (43) hotel rooms per net acre in the Tourist Resort Commercial (TRC) General Plan designation. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The proposed Tentative Tract Map for time share purposes will not result in any physical change to the resort complex. There will not be any alterations to the building exteriors, surrounding grounds or parking areas. The site is in an urban setting with fully developed public utilities such as water, sewer, and a complete street network. The surrounding neighborhood which is a mix of residential condominium and rental apartments will not be impacted from the conversion. The proposed 16.02-acre site is not likely to cause environmental damage or substantially and unavoidably harm unique fish, wildlife, or their habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed conversion of hotel rooms to time share units includes connections to all public utilities as well as water and sewer systems. Access to the site parking lots is from two Major Thoroughfares of North Indian Canyon Drive and East Vista Chino Resolution No. 24673 Page 3 Road. Pedestrian access will be provided connecting the resort complex to the street network. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. All public easements associated with the property are existing; therefore, the proposed conversion of hotel rooms to time share units will not be impacted. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: SECTION 1. CEQA City Staff has evaluated the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt from the requirements of CEQA pursuant to Section 15331 (Existing Facilities) of the CEQA Guidelines. The proposed project is categorically exempt. Accordingly, upon approval of this item, a Notice of Exemption will be prepared and filed with the Riverside County Clerk. SECTION 2. Tentative Tract Map The City Council hereby approves Tentative Tract Map 37726 for time share purposes as part of the Riviera Resort located at 1600 North Indian Canyon Drive subject to the conditions of approval attached herein as Exhibit "A". ADOPTED THIS 6T" DAY OF NOVEMBER, 2019. C �Z David H. Ready, Esq. City Manager F.'"s 1 .1011 Anthony J. M City Clerk Resolution No. 24673 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION SS. I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No.24673 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 6th day of November, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this tl14- day of Zc�) i -, hony J. M ji MM City Clerk RESOLUTION NO. 24673 EXHIBIT A Case TTM 37726 and 5.1479 CUP Riviera Hotel Time Share 1600 North Indian Canyon Drive November 6, 2019 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. Accomplishment ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1479 CUP & TTM 37726. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the plans approved with the April 8, 2019 entitlement, including site plan and Tentative Tract Map on file in the Planning Division except as modified by the approved conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Map. This approval is for associated Tentative Tract Map 37762 located at 1600 North Indian Canyon Drive, the Riviera Hotel and Resort. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1479 CUP and TTM 37726. The City of Palm Springs will promptly notify the Resolution No. 24673 Conditions of Approval 5.1479 CUP & TTM 37726 Page 2 of 7 November 6, 2019 applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 8. Time Limit on Approval. Approval of the Tentative Tract Map (TTM) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause and may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the original approval. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. CC&R's The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. These CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances CC&R's. ADM 11. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include: a. The document to convey title Resolution No. 24673 Conditions of Approval 5.1479 CUP & TTM 37726 Page 3 of 7 November 6, 2019 b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor -in -interest. Approved CC&R's are to be recorded following approval of the final map. The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, ADM 12. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit for the review of the CC&R's by the City Attorney. A filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 13. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, airport, roadway closures for special events and other activities which may occur in the immediate vicinity. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. ADM 14 Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. Does not apply. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). ENV 3. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. Resolution No. 24673 Conditions of Approval 5.1479 CUP & TTM 37726 Page 4 of 7 November 6, 2019 The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfq.ca.gov for more information. PLANNING DEPARTMENT CONDITIONS PLN 1. Approval of this Conditional Use Permit is contingent upon the approval and execution of the 2nd Amendment to the Operations Covenant by the City Council to allow the timeshare use at the facility. PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 3. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 4. Off -site Parking. Tenant vehicles shall be allowed to park on existing lots on the Riviera Hotel property. PLN 5. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and commercial/retail patrons and owners. Location and design shall be approved by the Director of Planning. PLN 6. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels and open space restrictions. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor -in -interest. Conditions imposed by Planning Commission: PLN 7. A review of operations shall be held by the Planning Commission within 3 months of the approval. Staff to provide a report regarding noise issues from mechanical equipment and special events. PLN 8. Riviera to conduct one meeting the neighborhood representatives. Resolution No. 24673 Conditions of Approval Page 5 of 7 5.1479 CUP & TTM 37726 November 6, 2019 PLN 9. CC & R's for time-share to provide a single point of contact who can provide community outreach. PLN 10. Time-shares are not permitted to operate as short-term rentals. PLN 11. Provide a traffic management plan at three-month review. PLN 12. All hotel and time-share operations must meet the City's noise ordinance. CONDITIONS IMPOSED BY CITY COUNCIL CC 1. Occupancy of the time share units shall be limited to "transient" uses as defined in Chapter 3.24.020 of the Palm Springs Municipal Code, POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. ENG 2. Applicant shall obtain State permits and approval of plans for any work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any grading or building permits if there is any work being done in the public right-of-way on State Highway 111. Resolution No. 24673 Conditions of Approval 5.1479 CUP & TTM 37726 NORTH INDIAN CANYON DRIVE Page 6 of 7 November 6, 2019 ENG 3. All broken or off grade street improvements along the project frontage shall be repaired or replaced. VISTA CHINO ENG 4. All broken or off grade street improvements along the project frontage shall be repaired or replaced. GENERAL ENG 5. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG 6. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP ENG 7. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 8. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Services Department's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map by the City Council, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 9. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, and centerlines shown as continuous lines; full map annotation consistent with Resolution No. 24673 Conditions of Approval 5.1479 CUP & TTM 37726 Page 7 of 7 November 6, 2019 annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. FIRE DEPARTMENT CONDITIONS No new conditions. END OF CONDITIONS