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HomeMy WebLinkAboutPC Resolution _6118- Case 5.1049 CUP AMND- CRESOLUTION NO.6118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR A RENOVATION AND ADDITION TO THE SPANISH INN HOTEL PROPOSING A CHANGE IN THE MIX OF USES FROM 24 HOTEL ROOMS AND 20 CONDOMINIUM UNITS TO 58 HOTEL ROOMS AT 640 NORTH INDIAN CANYON DRIVE. WHEREAS, Nejat Kohan ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for an amendment to a conditional use permit for the Spanish Inn located at 640 North Indian Canyon Drive, Zone R-3, Section 11; and WHEREAS, the Application seeks to amend the CUP to change from a mix of hotel and condominium uses to only hotel uses, and WHEREAS, the amendment application proposes to convert 20 condominium units to 34 hotel units, and retain the existing 24 hotel units previously proposed for a total of 58 hotel rooms and one manager's unit and 58 off-street parking spaces, and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1049 CUP AMND-C was given in accordance with applicable law; and WHEREAS, on February 10, 2010, a public hearing to consider Case 5.1049 CUP AMND-C was held by the Planning Commission in accordance with applicable law; and WHEREAS, the application is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); 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: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, an initial study was prepared in accordance with the regulations of CEQA for the initial CUP application. The applicant agreed to all mitigation measures described in the Mitigated Negative Declaration, which reduce Resolution No. 6118 Case 5.1049 CUP AMND-C February 10, 2010 potentially significant impacts to a level of less than significant. Staff has evaluated the changes proposed in the subject CUP amendment and has determined that there is no new information or material changes in the project scope that would negate or adversely affect the conclusions of the initial environmental analysis. The proposed project amendment therefore does not require recirculation of the notice of intent and does not require preparation of an environmental impact report. Section 2: Pursuant to the requirements of the Section 92.04.00(B)(6) of the zoning ordinance, the Planning Commission finds: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The subject parcel is located in the R-3 zone. PSZO Section 92.04.01(D)(8) denotes that hotels in which more than 10% of the guest rooms have kitchens are permitted in the R-3 zone with a CUP. As proposed, 20 of the hotel rooms will have kitchens. Therefore the CUP and this amendment are consistent with this finding. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located This application to amend the CUP for the Spanish Inn proposes a project of 100% hotel use. Hotel uses are permitted in the High -Density Residential land use area of the General Plan. The use is similar and compatible with existing boutique hotel uses in the immediate vicinity. The revitalization of the Spanish Inn is harmonious with similar restoration/renovations of the nearby historic Indian Manor and Colony Palms Hotels. With the revitalization of these vintage hotels, it is anticipated that boutique hotel uses will continue in this neighborhood for the foreseeable future. Therefore the proposed CUP amendment is desirable and in harmony with the neighborhood and the General Plan and is not considered detrimental to existing or future uses in the zone. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The Spanish Inn is a legal, non -conforming use and development in the R-3 zone. The project as previously approved provides approved landscaping, walls, fences and other 2 Resolution No. 6118 Case 5.1049 CUP AMND-C February 10, 2010 features as required by the development standards of the Zoning Code to make this development compatible with its surroundings. The proposed amendment does not change or modify any of those previously approved development standards for the project and therefore the proposed CUP amendment is consistent with this finding. 4. That the site for the proposed use relates to streets and highways properly designed and improved to cant' the type and quantity of traffic to be generated by the proposed use. The City's Off-street Parking Ordinance requires that the Spanish Inn provide 56 off- street parking spaces and 58 off-street spaces are provided. The project has contributed to a major capital improvement project known as The Movie Colony Traffic Calming Project, aimed to reduce commercial traffic in the adjacent Movie Colony neighborhood and provide adequate bay Parking for the various hotels in the vicinity. With a previous amendment to the CUP, the project added a 222 foot long "valet parking lane" along Indian Canyon Drive to further enhance the handling of temporary parking required at check -in. The roadways adjacent to the Spanish Inn are projected to operate at acceptable level of service (LOS) as noted in the General Plan. The project therefore relates adequately to adjacent streets and is designed to accommodate the type and quantity of traffic generated by the uses proposed in the CUP amendment. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The CUP amendment requests a minor change in the mix of uses from that which was approved in the initial CUP for renovation and addition of the Spanish Inn. The project revitalizes and expands an existing hotel that has been closed for several years. By renovating and improving the property, blighted and deteriorated conditions will be ameliorated. Transient occupancy taxes will be generated by re -opening the hotel. A draft set of conditions of approval accompany the draft resolution. The proposed amendments are necessary to improve public health and safety and improve general welfare of Palm Springs and this neighborhood. Section 3 The previously approved Milestone Schedule for the completion of the project is hereby revised and approved as noted below: The project shall be complete to allow issuance of a Certificate of Occupancy on or before February 9, 2011. a Resolution No. 6118 Case 5.1049 CUP AMND-C February 10, 2010 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.1049 CUP AMND-C, an amendment to a Conditional Use Permit proposing a change from 24 hotel rooms and 20 condominium units to 58 hotel rooms at the Spanish Inn, at 640 North Indian Canyon Drive, subject to the conditions listed in Exhibit "A" of this resolution. ADOPTED this 10th day of February, 2010. AYES: 4, Donenfeld, Munger, Vice Chair Caffery and Chair Cohen NOES: None. ABSENT: 3, Conrad, Scott and Hudson ABSTAIN: None. ATTEST: wing, P Dire or of Pla i Services CITY OF PALM SPRINGS, CALIFORNIA R IN - RESOLUTION NO.6118 EXHIBIT A Case 5.1049 CUP AMND-C The Spanish Inn 640 North Indian Canyon Drive February 10, 2010 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. ADMINISTRATIVE CONDITIONS ADM1 Project Description. This approval is for the project described per Case 6.1049 CUP AMND-C except as modified with the approved Mitigation Monitoring Program, all previously approved conditions, and the conditions below; ADM2 The site shall be developed and maintained in accordance with the approved plans, date stamped December 29, 2009, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures, previously approved conditions, and conditions below. ADM3 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. ADM4 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. ADM5 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 Resolution No. 6118 Conditions of Approval Page 2 of 3 Case 5,1049 CUP AMND-C Spanish Inn, Convert Condo Uses to Hotel Uses February 10, 2010 officers concerning Case 5.1049 CUP AMND-C. 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 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. ADM6 Time Limit on Approval. Approval of the amended Conditional Use Permit 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. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM7 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. ADM8 Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM9 Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. ADM10 Covenant restriction on ownership. Prior to issuance of the Certificate of Occupancy ("C of O"), the applicant shall provide written evidence to the Director of Planning Services that a restrictive covenant, in a form approved by the City Manager, has been recorded with the County of Riverside restricting the ownership of the property to a single entity. No fractional ownership such as condominiums, timeshares, condominium -hotel units, or other form of divided or fractional ownership shall occur. Upon approval of a Conditional Use Permit (CUP) amendment to re -convert the 34 hotel rooms back to 20 condominium units and retainage of all 58 off-street parking spaces as established on the approved Final Tract Map, removal of the covenant shall not be unreasonably withheld_ 10 Resolution No. 6118 Conditions of Approval Page 3 of 3 Case 5.1049 CUP AMND-C Spanish Inn, Convert Condo Uses to Hotel Uses February 10, 2010 ADM11 Project Completion Reguirement. The project shall be complete to allow issuance of a Certificate of Occupancy on or before February 9, 2011. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV1 Coachella Valley_ Multiple -Species Habitat Conservation Plan (CVMSHCP) Local Development Permit Fee (LDMF) exempt. This project is deemed exempt from the CVMSHCP LDMF because it is existing construction with an active grading permit in place prior to the adoption of the LDMF. PLANNING DEPARTMENT CONDITIONS PLN 1 Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 2Outside _Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 3 No off -site Parking. 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. 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 No additional conditions. FIRE DEPARTMENT CONDITIONS No additional conditions. END OF CONDITIONS Es w RESOLUTION NO.6117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY LOCATED AT 1365 TACHEVAH DRIVE IS CONSISTENT WITH THE PALM SPRINGS GENERAL PLAN; FILE R 09-014. WHEREAS, Del Griffith ("Applicant"), the owner of property located at 1365 Tachevah Drive, has filed an application with the City to have vacated a portion of public right-of- way adjacent to 1365 Tachevah Drive; and WHEREAS, Section 65402(a) of the California Government Code requires that no street shall be vacated or abandoned if the adopted general plan applies thereto until the location, purpose and extent of such street vacation or abandonment have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof; and WHEREAS, Section 607 of Article VI of the Charter of the City of Palm Springs established the Planning Commission, and assigned it all duties set out in the California Planning and Zoning Law for a planning agency; and WHERAS, the Applicant has requested vacation of excess public right-of-way not necessary for future or prospective use, consistent with the Palm Springs General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby determines that the proposed right-of-way vacation of 14 feet of public right-of-way for Tachevah Drive, located at 1365 Tachevah Drive, is consistent with the Palm Springs General Plan. ADOPTED this 10th day of February, 2010. AYES: 4, Munger, Donenfeld, Vice Chair Caffery and Chair Cohen NOES: None. ABSENT: 3, Conrad, Scott and Hudson ABSTAIN: None. ATTEST: Craig . ing, AI Director of Planni Services CITY OF PALM SPRINGS, CALIFORNIA N M- Ee