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HomeMy WebLinkAbout21331 - RESOLUTIONS - 7/6/2005 RESOLUTION NO. 21331 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CASE 5.1039 — CONDITIONAL USE PERMIT FOR THE ACCESSORY COMMERCIAL USE LOCATED WITHIN THE HOTEL AND IS LESS THAN 20% OF THE GROSS FLOOR AREA SUBJECT TO THE CONDITIONS STATED, TO SELL ALCOHOL AT THE POOL BAR AND IN MINI-BARS WITHIN THE GUEST ROOMS, SPA, AND INCIDENTAL RETAIL SALES IN THE LOBBY OF THE HOTEL, LOCATED AT 1050 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 23 WHEREAS, the City Council has received a request for a public hearing to appeal the Planning Commission decision on May 11, 2005 to approve Case 5.1039, a Conditional Use permit for the accessory commercial use located within the hotel and is less than 20% of the gross floor area, to sell alcohol at the pool bar and in the mini-bars within the guest rooms, spa, and incidental retail sales in the lobby of the hotel; and WHEREAS, the Section 92.04.01 of the Zoning Ordinance requires that accessory commercial uses located within the hotel and less than 20% of the gross floor area obtain a Conditional Use Permit; and WHEREAS, the sales of alcohol at the pool bar and in mini-bars within the guest rooms, 4 spa rooms, and retail sales of 24 square feet in the lobby are accessory commercial uses located within the hotel and are less than 20% of the gross floor area; and WHEREAS, the sales of alcohol at the pool bar and in mini-bars within the guest rooms require a Resolution of Convenience or Necessity by the City Council; 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 WHEREAS, all Conditions of Approval established at the time the use was established are to remain in full force and effect; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a licenses to sell alcohol; WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license numbers 66 — Controlled Access Cabinet Permit, and 70 — On-Sales General Restrictive Service; Resolution No. 21331 Page 2 WHEREAS, the City Council is being asked to adopt a Resolution of Convenience ' pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for a Conditional Use Permit No. 5.1039 was circulated and published in accordance with applicable law; and WHEREAS, on May 11, 2005, a public hearing on the application for a Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the appeal to the Planning Commission approval of Case 5.1039, a Conditional Use Permit was circulated and published in accordance with applicable law; and WHEREAS, on July 6, 2005, a public hearing on the application for a Conditional Use Permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE , AS FOLLOWS Section 1: Pursuant to CEQA, the City Council finds the Initial Study and Negative Declaration adequately addresses the general setting of the project, its potentially significant impacts, and the mitigation measures related to each significant effect for the proposed project. The City Council further finds that with the adoption of proposed Negative Declaration, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Section 92.04.01 of the Zoning Ordinance, accessory commercial uses are a use that is conditionally permitted in the R-3 zone, subject that the accessory commercial use is located within the hotel and less than 20% of the gross floor area. The pool bar and mini-bars are accessory commercial uses located within the hotel and less than 20% of the gross floor area. b. The said use is necessary, or desirable for the development of the community, and , is in harmony with the various elements or objectives of the General Plan, and is Resolution No. 21331 Page 3 not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use is desirable in that the proposed accessory commercial uses are located within the hotel and is less than 20% of the gross floor area of the hotel. The proposed will provide an additional service and incentive for visitors looking for a hotel to stay at, thus attracting visitors to the City. The proposed accessory commercial use located within the hotel is consistent with the objectives of the General Plan, and will not be detrimental to the existing or future permitted uses within the R-3 zone in which the proposed use is to be located. c. 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 project site is adequate in size and shape to accommodate the proposed accessory commercial uses. d. 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 project site is accessed by public streets, which are adequate to serve the hotel and other serves within which the site is located. No additional parking is required for the proposed accessory commercial uses. There will be minimal vehicular and pedestrian traffic generated by the accessory commercial use to sell alcohol at the pool bar and in the mini-bars within the guest rooms. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. All proposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to ensure the public health, safety and welfare. Section 3: The City Council finds the sales of alcohol is a convenience for the existing hotel, in that the sales of alcohol will provide an additional service to the guests and attract visitors to the City, which is consistent with the goals of the General Plan. ADOPTED THIS 6th day of July, 2005. _ _ z David H. Ready, Cit Aoager Resolution No. 21331 Page 4 ATTEST: ' Gmes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21331 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 6, 2005, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. ?mes Thompson, CityClerk f Palm Springs, California Resolution No. 21331 Page 5 EXHIBIT A CASE 5.1039 CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL SCHARF HOPITALITY LLC THE HORIZON HOTEL 1050 EAST PALM CANYON DRIVE JULY 6, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: 'I. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 'Ia.The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1039 — Conditional Use Permit. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or Resolution No. 21331 Page 6 abandon a matter following an adverse judgment or failure to appeal, shall not cause ' a waiver of the indemnification rights herein. 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Zoning, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 94.02.00.1 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions that may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 3. Conditional Use Permit approval shall be valid for a period of 12 months after Certificate of Occupancy is issued. The Planning Commission, upon demonstration of good cause, may grant extensions of time of the CUP shall be valid provided all Conditions of Approval are complied with. 4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 6. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 7. This Conditional Use Permit is limited to Department of Alcohol Beverage Control license number 66 (Controlled Access Cabinet Permit) and license number 70 (On- Sale General Restrictive Service). 8. The applicant shall apply for a Resolution of Convenience and Necessity that determines that the establishment that wants to sell alcohol is both necessary and a convenience for the community. If the Resolution of Convenience and Necessity is not approved, this CUP application will not be valid. 9. The applicant shall be required to maintain the business plan and hours of operation, as stated on the Conditional Use Permit application. 10. The sales of alcohol shall be limited to the pool bar and in min-bars within the guest rooms. Any future modifications shall require a new Conditional Use Permit. Resolution No. 21331 Page 7 11. The operating hours for the sales of alcohol at the pool bar will be Monday through Sunday 8:00 A.M. to 10:00 P.M. Any future modifications to the hours of operation shall require a new Conditional Use Permit 12. The hotel occasionally will have special events that may require special event hours. The applicant will provide details, days, and hours for the event in writing to the Director of Planning Services 30 days prior to the event for review and approval. 13. The mini-bars would be available every day, 24 hours a day. 14. The 4 spa rooms and retail area will be Monday through Sunday from 8:00 A.M. to 8:00 P.M. Any future modifications to the hours of operation shall require a new Conditional Use Permit 15. The applicant shall be limited to a maximum of 4 spa rooms. Any future additional spa rooms will require a new Conditional Use Permit. 16. The retail sales in the lobby shall be limited to 24 square feet. Any future addition and/or modifications to the retail area will require a new Conditional Use Permit. 17. The City reserves the right to modify or restrict the business hours based upon documented operational circumstances. 18. The applicant/owner shall notify the Director of Planning Services in writing 30 days in advance of any changes in the operation of business. Any change to business plan or transference of this Conditional Use Permit upon change of ownership is subject to review and approval by the City. 19. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. BUILDING 20. The applicant shall obtain any and all building permits prior to construction (FIRE: 21. The applicant shall comply with any and all Fire Department regulations and codes. Resolution No. 21331 Page 8 ENGINEERING: ' 22. The applicant shall comply with any and all Engineering Department regulations and codes.