The URL can be used to link to this page

Home My WebLink About17690 - RESOLUTIONS - 11/12/1991 RESOLUTION NO. 17690 •� OF THE CITY COUNCIL OF THE CITY OF' PALM SPRINGS, CALIFORNIA, APPROVING CASE 5. 0581-PD-- 200A TO CONVERT 114 CONDOMINIUM UNITS TO TIMESHARE UNITS AT THE OASIS WATER RESORT VILLA HOTEL, LOCATED AT 0190 EAST PALM CANYON DRIVE, RGA(8) ZONE, SECTION 30. WHEREAS 'the City has received an application by Vacation Internationale, Ltd. to convert 114 condominium units to timeshare units at the Oasis Water Resort Villa Hotel (the ]?reject) ; and WHEREAS the Planning Commission considered the Project at a duly + noticed public hearing held on July 24, 1991; and WHEREAS the Planning Commission recommended approval with conditions as outlined in its Resolution No. 4150,; and WHEREAS the City Council held a duly noticed public hearing on •. September 18, 1991, on said project; and WHEREAS the City Council has reviewed all evidence: provided at the public hearing including the staff report dated September 18, 1991, and all other written and oral testimony, and finds the Project, ` subject to the conditions contained herein consistent with the requirements of the ordinances of the City and with State law. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, California, after considering the evidence provided at the hearing does hereby approve the Preliminary and Final Planned Development District for property hereinabove described in accordance with the following findings and subject to the following conditions: SECTION 1: The City Council ]Finds: , a. That the conversion of these units to timeshare units is consistent with existing General Plan Land Use Plan and policies. b. That the project is consistent with the proposed draft General ' Plan text on file with the State of California Office of Planning and Research (O]?R) and there is a reasonable probability that it will be consistent with the revised General Plan when adopted and that the project is consistent with the overall density and land use character of the General Plan which allows for medium density residential uses in this area. The current application is an amendment to ,a pre- existing Planned Development District application which was approved by the City Council in 1989 . C. That there is little or no probability the project will be detrimental to or interfere with the future adopted General Plan. If a lower or higher intensity of development is adopted, the project would probably not be detrimental to the plan. V d. That the 25. 7 acre site is adequate in size and configuiration to accommodate the proposed expansion of the existing timeshare use. e. That the proposed expansion to the existing timeshare use is necessary and desirable for the development of the community, is in harmony with the objectives of the General Plan Page 2 I including amendments proposed at this time and is not ` detrimental to the existing uses. f. That the site is located on Cherokee Way, a collector roadway and East Palm Canyon Drive, a major thoroughfare, both of which are fully improved 'to carry the type and quantity of traffic to be generated b , thn. dovel.opment. -� g. That the proposed conditions are deemed necessary to protect the health, safety and welfare of the community. h. That the subject property has operated as a resort hotel since 1986 and 66 of the units as timeshares since 1989 and no adverse impacts have been identified. i. That the project is categorically exempt from the California Environmental Quality Act as Class 1 exemption. SECTION 2 . The Project is approved subject to the following conditions; all of which are to be satisfied prior to issuance of certificate of occupancy unless otherwise specified: a. The proposed project shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal a Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. b. Any change in current on-site sales and marketing activities future sales office on site shall be reviewed by the Director of Planning and Zoning for conformity with City zoning requirements and existing permits granted for the subject property. C. The conditional use permit granted in 1986 for operation of the property as a resort hotel with restaurant and conference facilities shall be reviewed at the end of two years and/or when and shall be become void upon sales of all timeshare units have been sold. Vacation Internationale shall give the City written notice upon completion of sales. The City's intention is to terminate Case 5. 043.7-CUP per. Section 9402. 00 of the Zoning Ordinance when all timeshare units are sold. d. The existing restaurant and conference facility uses may + continue to operate for the use of project owners, guests, and management. e. All employees, guests and prospective buyers shall be required to park on-site. f. A parking management plan shall be provided which assesses peak use and/or occupancy. Said management plan shall provide for on-site parking for all condominiums, timeshares, employees, guests and prospective buyers. The parking management plan shall be incorporated in the CC&R's, to be reviewed and approved by the City. g. Copies of the Department of Real Estate Public Report and the .� codes, covenants and restrictions (CC&R's) for the project shall be provided to the City. h. That if the two existing condominium units are acquired by Vacation Internationale, they can be added to the timeshare use of the property. Page 3 i. Vacation Internationale, Ltd. ("Applicant") :shall pay to the City of Palm Springs 'i:he sum of $400, 000 on or before the expiration of two years from the date Applicant acquires leasehold title to the first of the 112 additional condominium units (the "Additional Units") , which units are the subject of Planned Development District No. 200. For purposes of this condition, the date upon wlhirh A-nlicant acquires leasehold title to the first condominium units of the project property shall be the "Commencement Date" and the date two years thereafter, upon which the payment called for in this condition will be due, shall be the "Payment Date. " Applicants shall receive credit against the $400,000 , obligation for any and all transient occupancy tax paid by Applicant or any hotel operator to the City prior to this date and any paid from the Commencement Date until the Payment Date as a result of any transient. rental of the property. Should transient occupancy tax in an amount greater than $400, 000 be generated prior to the Payment Date, such transient occupant' tax shall be payable to the City as such tax becomes due. Any transient occupancy tax generated by transient rentals of the Additional Units after the Payment Date would also be paid to the City. City agrees that other than the obligation contained in this paragraph (Condition No., 2 . i. ) , that City, for itself, its successors and assigns, hereby releases the Applicant, its successors and assigns, :from payment of any and all transient occupancy tax, timeshare occupancy tax, or other equivalent tax imposed by the City under the authority of Revenue and Taxation Code Section 7280, or its successor, pursuant to Palm Springs Municipal Code Section 3 . 24 or Palm Springs Municipal Code Section 3 .28, arising from timeshare use of the 180 condominium units covered by Planned Development District No. 200. Applicant is further released from any further obligations under Conditions No. 1 and 4 of Resolution No. 16731 to the extent such conditions are inconsistent_ with this Condition. This release sloes not extend to any future tax the City may impose in the future if new State legislation is enacted permitting remitting taxation of timeshare units, but such tax shall not be imposed within 5 years of the Payment Date. Notwithstanding the foregoing, applicant does not, waive its right to contest the imposition of any tax which permits taxation of timeshare units. Applicant waives any and all claim for :refund for any transient occupancy tax paid in 'the past by Applicant, " pursuant to Resolution No. 16731. ADOPTED this 12th day of November 1991. AYES, Councilmembers Hodges, Murawski , Neel and Mayor pro tem Broich NOES: None ABSENT: Mayor Bono ATTEST: C Y LM PR'I�), CALIFORNIA t City Clerk ity Man cler REVIEWED & APPROVED: