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HomeMy WebLinkAbout1501 - ORDINANCES - 1/18/1995 ORDINANCE NO. 1501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE INTERIM ZONING REGULATIONS OF ORDINANCE 1488 FOR THE CONVERSION OF EXISTING HOTEL PROPERTIES TO CONDOMINIUM-HOTELS AS :HEREIN DEFINED AND DECLARING THE URGENCY THEREOF. ' WHEREAS, currently, the City has received requests to convert existing hotel properties to condominium ownership, however to continue functioning primarily as hotel properties (i .e . condominium-hotels) ; and WHEREAS, the City of Palm Springs General Plan and the Zoning Ordinance set forth maximum density allocations for hotels and for residential condominiums ; and WHEREAS, the Zoning Ordinance sets forth property development standards and parking standards for hotels and for condominiums ; and WHEREAS, neither the General Plan nor Zoning Ordinance specifically define a condominium-hotel and the Zoning Ordinance does :not set forth density criteria nor development standards for condominium- hotels; and WHEREAS, the City of Palm Springs (City) currently entails a, number of existing hotels which are over the allowable density and are not in conformance with required development standards and are potential candidates for conversion to condominium ownership; and WHEREAS, condominium ownership of a hotel may involve different ' land use impacts in terms of parking needs, kitchen and living unit aspects, recreational and other amenities and other considerations which must be studied to determine what permanent: regulations are appropriate; and WHEREAS, transient occupancy tax revenue constitutes a major portion of the City' s budget and the City wishes to study how conversion may be permitted while retaining the transient character of the occupancy to assure the City' s continued revenue base; and WHEREAS, changing market conditions have had the effect of rendering formerly productive hotel properties economically marginal and new ideas are needed to maintain these properties in a viable condition; and WHEREAS, existing hotel properties may have architectural or historic value to the community if properly restored and maintained; and WHEREAS, it is in the best interest of the community to evolve processes and regulations to ensure that existing hotel properties which are nonconforming to current standards have the ability to contribute economically while minimizing impacts to their neighborhoods and the community as a, whole; and WHEREAS, the City Council finds that a definition of condominium- ' hotels and the specific regulation of condominium-hotels must be established; and WHEREAS, on an interim basis until permanent regulations can be adopted the City wishes to allow conversions to proceed so long as they meet certain standards and are subject to Planning Commission and City Council review on a case by case basis through a conditional use permit; and Ord. No. 1501 Rage 2 WHEREAS, the City Council, on December 14, 1994, adopted Urgency Ordinance 1488 establishing interim zoning regulations for condominium-hotels and a definition of condominium-hotels, and now wishes to extend the provisions of said Urgency Ordinance . NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1 . DECLARATION OF FACTS CONSTITUTING URGENCY. The City of Palm Springs hereby finds that this Ordinance is required to prevent a current and immediate threat to the public health, safety and welfare, in that the approval of conversion of existing hotel properties to condominium-hotel uses may result in that threat to public health, safety or welfare . The approval of requests for conversion of existing hotels to condominium-hotels could impact the integrity of the community and negatively impact the resort character of the City'. Many existing hotel properties which could potentially be converted to hotel-condominiums are not in compliance with, including, but not limited to, property development standards, parking standards and density standards . The City does not set forth specific; standards for condominium- hotels . Therefore the City needs to study the proper regulation of condominium-hotels . SECTION 2 . CONV'ERSION PROHIBITED EXCEPT IN ACCORDANCE WITH INTERIM STANDARDS . It is expressly declared that pursuant to the Zoning Ordinance, uses which are not expressly permitted or conditionally permitted are denied and since condominium-hotels are not a listed use, they are prohibited except in accordance with the provisions of this Ordinance. Therefore, during the period of the moratorium enacted hereunder, as stated in Section 9, throughout the City of Palm Springs, no hotel. shall be permitted to convert to condominium ownership, no application shall be accepted or processed and no approval or permit shall be granted for such purpose, except in accordance with the interim standards contained herein. SECTION 3 . DEFINITIONS . USE OR OCCUPANCY OF LAND ON A CONDOMINIUM-HOTEL BASIS . A condominium-hotel shall constitute a common interest subdivision under the California Civil Code consistent with the Subdivision Map Act and the City of Palm Springs Subdivision Ordinance . Condominium-hotels shall be properly developed to hotel standards where units or blocks of units, including both occupiable hotel units (rooms/suites) and commercial areas, are owned by individual entities and where the property is operated as a hotel for short term transient occupancy by the equity owner of the commercial area or where the hotel property is operated by the owner association which could retain a management company for the on-going operation and management of the property. Unit owners are limited to a maximum of 180 total days of occupancy in any calendar year and all units shall be available for use by the hotel operator when not occupied by the owner. Additionally, governing documents (i .e . covenants, conditions and restrictions) shall establish operational guidelines, responsibilities and enforcement mechanisms . The hotel operation shall be in the form and manner of a hotel including typical services ancillary thereto, such as front desk, check-in and check- out, bellhop service, maid service, room service, restaurant or food and beverage services and such other similar services which may be usual and customary for hotel operation. SECTION 4 . ZONES IN WHICH PERMITTED BY CONDITIONAL USE PERMIT. A condominium-hotel shall be permissible only in such zones and at the locations therein where a hotel use would be permitted as herein after provided. Zones in which such projects are permissible are the R-2 and R-3 zones . No condominium-hotel use shall be permitted in a Planned Development District unless expressly shown or described on the approved development plan for Ord. No. 1501 Page 3 such district . Condominium-hotels shall be prohibited in a.ny case where a conditional use permit has not been applied for and approved or in any case where condominium by-laws or covenants, restrictions and/or conditions, expressly prohibit such use. Additionally, condominium-hotels shall be permissible only on properties which have been operated as hotels and shall not be permitted on properties operated as apartments or properties entailing existing residential condominiums . , SECTION S . APPLICATION FOR A CONDOMINIUM-HOTEL PROJECT APPROVAL. An applicant for approval of a proposed condominium-.hotel shall submit a complete conditional use permit application on a form as prescribed by the Director. of Planning and Building, in addition to any other application, information or forms that may be necessary to complete a review of the subject application. SECTION 6 . TRANSIENT OCCUPANCY TAX APPLICABLE . All condominium- hotel projects shall be subject to the provisions of Chapters 3 . 24 and 3 . 28 of the Palm Springs Municipal Code . Individual owners of condominium-hotel units are not subject to this provision when occupying actual units owned. SECTION 7 . CONDOMINIUM-HOTEL CONDITIONAL USE PERMIT. The City Council hereby finds that during the period of this moratorium, any request for the conversion of an existing hotel property to a condominium-hotel use shall require a Type II Conditional Use Permit (as well as compliance with the Section 9 . 62 of the Municipal Code regarding condominium conversions) . In addition to other considerations of a conditional use permit outlined in Section 94:02 . 00 of the Zoning Ordinance, the Planning Commission and City Council may approve or den, an application for a conditional use permit in accordance with the general provisions regarding findings and conditions in Section 9402 . 00 . The Planning ' Commission and City Council may impose such c::onditions, as it determines are necessary to protect the public safety, health, peace and welfare. Each use permit shall be issued with a condition attached that no condominium-hotel rights or entitlement shall be sold unless, at such time, there then exists a valid final subdivision public report nor offered for sale without a valid preliminary subdivision public report, for the sale of such condominium-hotel rights or entitlement, issued by the Department of Real Estate of the State of California. In determining whether, and under what conditions to issue any such conditional use permit, the Planning Commission and. City Council, among other things, may consider: a. The impact of the condominium-hotel project on transient or permanent rental stock; b . The impact of condominium-hotel on present and future City services; C . Nonconformity with current zoning regulations including, but not limited to, density and property development standards as well as the General Plan, and reasonable conditions to eliminate same; d. Allowing time extensions for existing nonconforming zoning and parking regulations as related to Sections 9405 . 00 and 9306 . 00 B . 3 , respectively; e . Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate same; f . The sign program proposed for the project; Ord. No. 1501 Page 4 g. The landscaping proposed for the project; h. Traffic circulation and parking; i . The applicant' s description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the condominium- hotel; j . The desirability of requiring an office of the managing agent or agency be located locally or on- site, as appropriate; k. Interim hotel use prior to approval of final tract map for conversion to condominium ownership; and 1 . Any other factors deemed relevant and any other information which the Commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application. SECTION 8 . APPEALS FOR CONDITIONAL USE PERMIT APPLICATIONS . The provisions of Chapter 2 . 05 of the Palm Springs Municipal Code shall apply. SECTION 9 . EXTENSION OF INTERIM REGULATIONS . This Ordinance is intended to extend the interim regulations concerning the conversion of existing hotel properties to condominium-hotels as established in Ordinance 1488 . This Ordinance shall take effect immediately upon its adoption by at Least a four-fifths vote of the City Council and shall remain in effect for 10 months 15 days from the date of its adoption. However, the City Council, after notice pursuant to Government Code Section 65090 and a public hearing may by a four fifths vote extend this Ordinance for an additional year. SECTION 10 . URGENCY. The City Council hereby declares this Ordinance to be an urgency measure in accordance with Government Code Section 65858 . SECTION 11 . SEVERABILITY. It is the intention of the City Council that the sections, subsections, clauses and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall. not affect the validity of the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or. unconstitutional . SECTION 12 . PUBLICATION. The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this Ordinance and shall. cause the same to be posted and published in the manner required by law. ADOPTED this 18tn day of January , 1995 . AYES : Members 1'1odges, Kieindienst, Lyons, Roller-Spurgin and Mayor Maryanov NOES : None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Bye / _y ,C Cit*j Clerk 1 Mayor REVIEWED AND APPROVED 9' I HERERBY CERTIFY that the foregoing Ordinance 1501 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 18th day of January, 1995, and that same was published in THE DESERT SIIN, a newspaper of general circulation on January 24, 1995.