Loading...
HomeMy WebLinkAbout18823 - RESOLUTIONS - 5/1/1996 RESOLUTION NO. 18823 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT 244 FOR THE PROPERTY LOCATED AT 390 SOUTH INDIAN CANYON DRIVE, C-2/C-1AA ZONE, SECTION 14 . WHEREAS, Williamsburg Investments (the "Applicant") filed an application for Planned Development District 244 to allow on-site modifications, building modifications, increase in density, and consideration of nonconforming property development standards pursuant to Section 9403 . 00 of the Zoning Ordinance, for the property located at 390 South Indian Canyon Drive, C-2/C-1AA Zone, Section 14; and WHEREAS, the subject application requests consideration of nonconforming property development standards; and WHEREAS, the Planning Commission approved the architectural remodel for the property at its regular meeting of March 13, 1996; and WHEREAS, notice of the City Council public hearing of the City of Palm Springs to consider preliminary and final Planned Development District 244 was posted in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, ' including but not limited to the staff report, and all written and oral testimony presented. 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. Section 2 : Pursuant to Zoning Ordinance Section 9403 . 00, the City Council finds that: a. The proposed hotel use of the property at the location set forth in the application is properly one for which a planned development district is authorized by the City's Zoning Ordinance. b. The building remodel and consideration of nonconforming property development standards are necessary and desirable for the development of the community, and are not detrimental to existing uses or to future uses specifically ' permitted in the zones in which the proposed hotel use is located. The existing hotel units, the proposed remodel and property improvements are desirable and appropriate in the subject location and are in harmony with the various elements or objectives of the General Plan such that the project entails an increase in density, nonconforming setbacks, nonconforming parking standards, nonconforming open space. However, the property has functioned adequately in the past with nonconforming development standards. The proposal is desirable since it will allow for the revival and upgradiri ./LOA)l - R18823 Page 2 of an existing decaying hotel buildings, allowing for a positive economic and aesthetic impact on the community. c. That the site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The upgrade of the property in question and the nonconforming development standards will not change the use of the buildings, therefore, the manor increase in density 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 Indian Canyon Drive when deemed necessary by the Director of Public Works. d. 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. e. That the proposed use is consistent with the General Plan. 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 Planned Development District application. g. Although the site is not adequate in size and shape to accommodate all current property development standards for said use, the Council finds that the property has existed in its present condition for a number of years and that the minor property development adjustments are necessary and , desirable for the development of the property. Section 3 : Pursuant to Section 9405. 00 of the Zoning Ordinance regarding extensions of time for nonconforming development standards such as building setbacks, parking standards, landscape percentage and the parking requirements, 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 property development standards is such that the current decaying buildings will be upgraded in order allow for a viable and desirable use. The investment in improvements to be made to the property in order to allow the hotel use, will bring the property up to current standards as much as possible. The improvements to be made, which will not completely abate the nonconforming aspects of the subject property such as setbacks, number of parking spaces, open space, landscape and parking lot screening, are ' to the extent that an economic hardship is not imposed upon the property owner. In order to comply completely with current standards regarding setbacks, parking spaces, open space requirements, 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 due to the exterior upgrades to the existing buildings, the addition of new landscaping, the redesign of existing driveways and the installation of R18823 Page 3 future roadway improvements. 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 by enhancing very non-descript set of buildings on the property. ' C. No detriment will be caused to the neighborhood by the continuance of the nonconforming property development standards because the proposed hotel use and improvements will enhance the neighborhood by architecturally enhancing a set of decaying buildings and substantially upgrading site improvements. 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 with current setback, parking space, landscape and parking 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 considering the existing state of the buildings and property. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby grants preliminary and final approval of Planned Development District 244 subject to the conditions attached herein as Exhibit "A" , which are on file at the office of Planning and Building and which have to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 1st day of May , 1996. AYES: Members Hodges, Oden, Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Barnes ATTEST: CITY OF PALM SPRINGS, CALIFORNIA B City Clerk City Manager REVIEWED & APPROVED AS TO FORM 1 1 "'3_/ -3