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HomeMy WebLinkAbout18552 - RESOLUTIONS - 2/1/1995 RESOLUTION NO. 18552 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28063 AND CONDITIONAL USE PERMIT 5 . 0680 FOR THE CONVERSION OF AN EXISTING 130 UNIT HOTEL TO CONDOMINIUM OWNERSHIP, TO CHANGE THE USE TO A 124 UNIT CONDOMINIUM-HOTEL AND TO , GRANT A TIME EXTENSION FOR NONCONFORMING DEVELOPMENT STANDARDS, LOCATED AT 1111 EAST PALM CANYON DRIVE, R-2/R-3 ZONES, SECTION 26 WHEREAS, Desert Equitable has submitted applications for a tentative tract map and a conditional use permit:: for the purposes of converting an existing 130 unit hotel to condominium ownership and to change the use to a 124 unit condominium-hotel ; and WHEREAS, the proposed condominium-hotel will entail condominium ownership but will function primarily as a hotel. ; and WHEREAS, on December 14, 1994, the City Council of the City of Palm Springs approved an urgency ordinance establishing interim zoning regulations for and a definition of the conversion of existing hotel properties located in the R-2 and R-3 zones to condominium- hotels and on January 18, 1995 , the City Council approved a 10 month 15 day extension of said urgency ordinance; and WHEREAS, the urgency ordinance requires a conditional use permit for the conversion of an existing hotel to a condominium-hotel (as well as the required subdivision map) ; and WHEREAS, the subject tentative tract map application was submitted ' to appropriate agencies as required by the subdivision requirements of the City of Palm Springs Municipal Code, with the request for their review, comments and requirements ; and WHEREAS, pursuant to Government: Code Section 66452 .3 , City staff prepared a written report recommending that the proposed condominium conversion, Tentative Tract Map 28063 , be approved and served a copy of that report upon the subdivider at least three days prior to the a fore mentioned hearing; and WHEREAS, pursuant to Government Code Section 66412 .3 , the City Council has considered, the effect of the proposed condominium conversion, Tentative Tract Map 28063 , on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources and the approval of the proposed condominium conversion represents the balance of these respective needs in a manner which is most consistent with the City' s obligation pursuant to its police powers to protect the public health, safety and welfare; and WHEREAS, on January 11, 1995, the Planning Commission voted (5-0 ; 1 abstention; 1 absent) to recommend that the City Council approve the subject tentative tract map and conditional use permit applications; and ' WHEREAS, on February 1, 1995, a public hearing on the applications for Tentative Tract Map 28063 and Conditional Use Permit 5 . 0680 was held by the City Council in accordance with applicable law; and WHEREAS notice of a public hearing of the City Council of the City of :Palm Springs to consider Desert Equitable' s applications for a tentative tract map and a conditional use permit was given in accordance with applicable: law; and ,3PC, R18552 Page 2 ' WHEREAS the City Council 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 . THE CITY COUNCIL HEREBY FINDS AS FOLLOWS : Section 1 : Pursuant to CEQA, the City Council finds as ' n follows : a. The project is categorically exempt from the requirements of CEQA pursuant to Section 15301, Existing Facilities . b. Pursuant to Fish and Game Code Section 711 .4, this project has a de minimis impact on fish and wildlife . Section 2 : Pursuant to Government Code Section 66473 .5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City' s General Plan and any applicable specific plan; and Section 3 : Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies and general land use provided. in the City' s local open space plan; and Section 4 : Pursuant to Government Coded Section 66474, the City Council finds that with the incorporation of ' those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans . b . The design or improvements of the proposed subdivision are consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. e . The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat . f . The design of the subdivision or improvements is not likely to cause serious public health problems . g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the subdivision. Section 5 : Pursuant to Government Code Section 66474 . 6, the City Council has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing .requirements prescribed by the Regional Water Quality Control Board; and R1Pi552 Page 3 Section 6 : Pursuant to Section 9402 , 00 of the Zoning Ordinance the City finds that : a. That the use applied for at the location set forth in the application is pro;,)erly one for which a conditional use permit is authorized by the City' s Zoning Ordinance . Pursuant to an urgency ordinance approved b-, the City of Palm , Springs City Council on December 14, 1994„ and extended on January 13 , 1995, a condominium--hotel is permitted in the R-2 and R-3 zones pursuant to a conditional use permit approved by the City of Palm Springs City Council . b . That the said use 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 existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed condominium-hotel is a desirable and appropriate use in the subject location and is in harmony with the various elements or objectives of the General Plan such that the project entails a change of use to condominium ownership but the property will function primarily as a hotel as this property has functioned in the past . The proposal is desirable since it will allow for the revival and upgrading of an existing hotel ;property, allowing for a positive economic and aesthetic impact on the community. C . That 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 land in the neighborhood. The existing property is nonconforming with current development standards and the proposed condominium-hotel requires an extension of said nonconforming standards, including setbacks, required landscape percentage and parking lot screening. The property owner (as discussed further in Section 7) will improve the property to the economic extent feasible in order to bring the property into compliance with the Zoning Ordinance as much as possible. The proposed improvements, including, but not limited to, exterior and interior remodeling, new .landscaping, entryway paving, new awnings, porte cochere enhancement, the redesign of several on-site driveways and the installation of a 'temporary sidewalk will enhance the existing vacant and inoperable property. The said improvements will also enhance the neighborhood. In order to comply comp'letel.y with the Zoning Ordinance, this project would not be feasible since portions of the buildings would need to be demolished in order to accommodate the current setbacks . After review of the site plan, it is determined that it would be infeasible for the property owner to come in.to compliance with the landscaping and parking lot screening requirements without providing additional area for ' on-site parking. This would also require the removal of buildings in order to create this area. which would be economically infeasible. All of the proposed upgrades will enhance the property as well as the surrounding neighborhood and would not otherwise occur without this proposal for conversion to a condominium-hotel . R18552 Page 4 d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use . The proposed change of use from a hotel to a condominium-hotel, technically functions the same as the existing hotel, therefore, the condominium-hotel shall not cause a change in usage of the existing streets and highways which could not be ' accommodated. In addition, the project is conditioned to widen a portion of East Palm Canyon Drive when deemed necessary by the Director of Public Works . e . That the conditions to be imposed and shown on the approved site plan or in Exhibit A of this resolution are deemed necessary to protect the public health, safety and general welfare and may include minor modifications of the zone' s property development standards . f . A nexus and -rough proportionality have been established for the requirement of the dedication of the additional right-of- way to the City and, the off-site improvements as related to the conditional use permit (and tentative tract map) . The right-of-way dedication and the off-site improvements, which are required by the Zoning Ordinance, are related to the project since the occupants of the proposed condominium-hotel must use East Palm Canyon Drive and Arquilla Road to access the subject property. Currently, the property is vacant, and therefore little or no usage of the roads, sidewalks and utilities is due to the subject property at this time. However, the future property owners will benefit from any improvements made to East Palm Canyon Drive and .Arquilla Road such as the future widening and the construction of ' sidewalks/bike path.s . The required dedication of right-of-way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. g. The condominium-hotel will include kitchens in 1000 of the units whereas the Zoning Ordinance permits kitchens in less than 1.00-. of the units unless a conditional use permit is obtained. It is appropriate and necessary for all of the units to include kitchens such that the condominium-hotel unit ownership is long term and kitchens are an appropriate amenity to ensure the viability of this use. Section 7 : Pursuant to Section 9405 . 00 of the Zoning Ordinance regarding extensions of time for nonconforming uses and structures, the property which is nonconforming such that the building setbacks, the landscape percentage and the parking lot screening is substandard, the City Council hereby finds that an unreasonable hardship would otherwise be imposed on the property owner without an indefinite extension of time for the abatement of the nonconforming aspects of the property based on the following factors : a. The nature of the use, the amount of the owner' s investment in ' improvements and the convertibility of improvements to permitted uses is such that the current vacant and dilapidated status of the property will be upgraded in order allow for a v:.able and desirable use. The investment in improvements to be made to the property in order to allow for a condominium- hotel use, will brine; the property up to current standards as much as possible . The improvements to be made, which will not coTipletely abate the nonconforming aspects of the subject property regarding setbacks, landscape and parking lot screening, are to the extent that an economic hardship is not R18552 Page 5 :imposed upon the property owner such that this project would not be possible otherwise . In order to comply completely with current standards regarding setbacks, landscaping and parking lot screening, portions of the buildings containing existing hotel units would need to be removed; such a requirement would be economically infeasible and would not allow for a viable condominium-hotel project . b. The character of the neighborhood will be enhanced by the , proposed project and upgrades due to the exterior upgrades to the existing building, the addition of new landscaping, the redesign of existing unsafe driveways and the installation of an interim sidewalk. Although, the property will. continue to entail nonconforming aspects regarding current development standards, the proposed project and improvements will contribute in a positive manner to the neighborhood since currently a vacant and dilapidated building exists on the property. C . No detriment will be caused to the neighborhood by the continuance of the nonconforming use or structures because the proposed use and improvements will enhance the neighborhood since the current property lays vacant and in an inoperable condition. d. The amount of time required to amortize the investment would be unreasonable and would cause a hardship should the property owner be required to comply with all current development standards . The amount needed to invest in the property in order to comply wi..th, current setback, landscape and parking lot screening requirements would not allow for the amortization of the investment . The improvements to be made to the property by the property owner will allow for a major , upgrade to the property and the neighborhood due: to the exterior building and, property upgrades and the installation of an interim sidewalk. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Majp 28063 and hereby approves Conditional Use Permit 5 . 0680 subject to those conditions set forth in the attached Exhibit A (as on file: in the Office of the City Clerk) , which are to be satisfied prior to the issuance of certificates of occupancy unless otherwise specified. ADOPTED this 1st _ day of February _ 1995 . AYES : Members Hodges, Kyons, Reller-Spurgin and Mayor Maryanov NOES : None ABSENT: None ABSTAIN: Member Ileindienst ATTEST: CIT OF PALM SPRINGS All�FORNIA By \ I City-Clerk1 City M nager REVIEWED A\TD APPROVED ' �aa