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HomeMy WebLinkAboutPC Resolution _5039- Case 5.1072 CUPPr RESOLUTION NO. 5039 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CONDITIONAL_ USE PERMIT CASE NO. 5.1072, SUBJECT TO THE CONDITIONS STATED, FOR LISA TARANTO TO OPERATE A SPA AS AN ACCESSORY USE WITHIN THE PALM SPRINGS RESORT AND SPA, LOCATED AT 2800 SOUTH PALM CANYON DRIVE, ZONE R3, SECTION 35. WHEREAS, Lisa Taranto ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the operation of an accessory use spa within the Palm Springs Resort and Spa located at 2800 South Palm Canyon Drive, Zone R3, Section 35; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit Case No.5.1072 was given in accordance with applicable law; and WHEREAS, on November 9, 2005, a public hearing on the application for Conditional Use Permit Case No. 5.1072 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures), and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The Planning Commission finds that this Conditional Use Permit is categorically exempt from environmental assessment per Section 15303 of the California Environmental Quality Act (CEQA) in that Section 15303 states that conversion of an existing structure is exempt from CEQA. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. Section 92.03.019(D)(14) authorizes spas as an accessory use to a hotel with a CUP. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to exjsting uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use will be an accessory and complementary use to the primary visitor - serving use. It is therefore in compliance with the intention of General Plan Objective 3.8. The High Density Residential designations of H-43121 (providing for the development of a threshold of fiffeen(15) and a maximum of 21 dwellings units per acre) ... allow for multi- family apartments or similar housing. Hotels and similar types of resort housing are allowed in [the] designation with a threshold of 30 and a maximum of 43 dwelling units per acre. Mixed -use residential/commercial developments in conjunction with adjacent commercial properties may be considered. The subsequent policies seek to address new construction and therefore do not conflict with the proposed land use. The proposed use is in compliance with the General Plan. Because the spa use is an integral part of the Palm Canyon Resort and Spa complex, staff believes the use will not be detrimental to existing or future uses. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The facility will be located within an existing structure and the site appears to be adequate to accommodate the use. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The property is located on a Secondary Thoroughfare as defined by the General Plan. The proposed land use will have almost no traffic impact because use will be restricted to hotel guests. 0 e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The proposed permit is for a change of use within an existing structure, staff does not believe any operational conditions or modifications to the existing site plan are required. Upgrades to the property will be required as repairs and maintenance are proposed for the property in conformance with the requirements of the zoning code. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit Case No. 5.1072, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 23 day of November, 2005 AYES: 6 i Cohen/RoathiMarantzlHochanadel/Shoenberger/Hutcheson NOES: ABSENT: 1 1 Ringlein ABSTAIN: ATTEST: an Secretary CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 5039 EXHIBIT A Case No. 5.1072 Conditional Use Permit Palm Springs Resort and Spa 2800 South Palm Canyon Drive November 23, 2005 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 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. PROJECT SPECIFIC CONDITIONS 1. Use of the spa facilities is restricted to guests of the hotel. No advertising of services can be done independent of the hotel use. 2. This Conditional Use Permit is valid so long as it is an accessory use to a hotel with a minimum of fifteen (15) guest rooms. 3. The facility and all employees are required to comply with all requirements of Chapter 5.34 of the Palm Springs Municipal Code. 4. A maximum of fifty (50) people per day are allowed to use the Resort under their day pass program. ADMINISTRATIVE 5. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 6. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1072. The City of Palm Springs will promptly notify the 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 O 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 7. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable 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. 8. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 9. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding 0 public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 114%Q for new residential subdivisions, or 114% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. GENERAL CONDITIONS/CODE REQUIREMENTS 10. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 11. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 12. All awnings shall be maintained and periodically cleaned. 13. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 14. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 15. The street address numbering/lettering shall not exceed eight inches in height. 16. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 17. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 18. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 19. The applicant shall provide all tenants with Conditions of Approval of this project. 20. All signage must obtain permits from the City of Palm Springs Department of Planning Services, POLICE DEPARTMENT 21. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 22. Prior to any construction on -site, all appropriate permits must be secured. FIRE 23. Applicant must comply with all requirements of the Palm Springs Fire Department ADA COORDINATOR 24. See Phil Kaplan. 4� x