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HomeMy WebLinkAbout18578 - RESOLUTIONS - 4/5/1995 RESOLUTION NO. 18578 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE PLANNING COMMISSION DECISION TO DENY DESERT EQUIT.ABLE' S REQUEST FOR APPROVAL OF AS-BUILT EXTERIOR UPGRADES AS MEETING INTENT OF CONDITION #57 OF ' THE APPLICATIONS FOR TENTATIVE TRACT MAP 28062 AND CONDITIONAL USE PERMIT 5 . 0679 (FOR A CONDOMINIUM-HOTEL CONVERSION) , LOCATED AT 950 NORTH INDIAN CANYON DRIVE, R-3 ZONE, SECTION 11 WHEREAS, on February 15, 1995, in accordance with applicable law, the City Council held a public hearing and approved applications submitted by Desert Equitable for a tentative tract map and a conditional use permit for the purposes of converting an existing 52 unit hotel to condominium ownership, to change the use to a 47 unit condominium-hotel and to extend nonconforming property development standards; and WHEREAS, Desert Equitable, submitted a photographs of the exterior building elevations and exterior property improvements to the Planning Commission for their review and approval as meeting the intent of condition #57 ; and WHEREAS, on March 22 , 1995, the Planning Commission denied the as- built exterior building elevations such that the intent of condition #57 has not been met (4-1; 1 absent; 1 abstention) ; and WHEREAS, on March 24, 1995, Desert Equitable submitted a written appeal requesting the approval of the as-built exterior building elevations ; and 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 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 : The applicant has met the intent of condition #57 requiring the exterior remodelling of the building elevations along North Indian Canvon Drive and El Alameda such that the applicant has repainted, relandscaped, added new landscape planters and upgraded the porte cochere in addition to numerous other interior property improvements and upgrades . 1 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby overrules the Planning Commission decision and approves the as-built exterior elevations such that the intent of condition #57 from Tentative Tract Map 28062 and Conditional Use Permit 5 . 0679 has been met . L-3 R18578 Page 2 NOW, FURTHERMORE, BE IT RESOLVED that, this approval of the appeal removing condition #57 is subject to the condition ghat the applicant shall repair and or replace the wooden slats along the exterior elevations as deemed necessary by the Director of Planning and Building. ADOPTED this 5th day of April 1995 . ' AYES : Members Hodges, Lyons, Reller-Spurgin and Mayor Maryanov NOES : None ABSENT: None ABSTAIN: Member Ileindienst ATTEST: CITY F PALM SPT.ING AI,IFORNIA City Clerk CiLy Man g REVIEWED AND APPROVED__rZVi�L- / V 1