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Home My WebLink About22569 - RESOLUTIONS - 7/22/2009 RESOLUTION NO. 22569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT (CASE NO. 5.0909-CUP) DUE TO NON-COMPLIANCE WITH CONDITIONS, FOR THE VICEROY HOTEL LOCATED AT 415 SOUTH BELARDO ROAD. WHEREAS, on July 24, 2002, the Planning Commission approved a Conditional Use Permit (Case 5.0909-CUP) to allow a restaurant, spa and other accessory facilities at the existing Viceroy Hotel (formerly Estrella Inn); and WHEREAS, the restaurant, spa and other accessory uses granted by Case No. 5.0909-CUP were soon thereafter established and remain in use to the present day; and WHEREAS, among the conditions of approval for 5.0909-CUP were certain improvements along the property's Belardo Road and Cahuilla Road frontages, including landscape plans, a parking management program, activities program, and street improvement plans; and WHEREAS, on February 26, 2003, the Planning Commission approved the submitted parking management program, with the condition that the applicant submit detailed construction plans for the required Belardo Road and Cahuilla Road street improvements; and WHEREAS, on June 25, 2003, the Planning Commission reviewed the applicant's street improvement plans, and approved staffs recommended improvements for street, parking and landscaping along the Belardo Road and Cahuilla Road frontages; and WHEREAS, on July 8, 2003, Ms. Sheryl Hamlin, on behalf of the Historic Tennis Club Neighborhood Organization and Historic Tennis Club District Hotel Association, filed an appeal of the Planning Commission's approval of the required Belardo Road and Cahuilla Road street, parking and landscape improvements; and WHEREAS, on September 17, 2003, the City Council considered the appeal, and upheld the Planning Commission's approval of the required street, parking and landscape improvements on Belardo Road and returned the street improvements for the Cahuilla Road frontage to the Planning Commission for further review; and WHEREAS, on May 11, 2005, the Planning Commission reviewed and approved the final concept plans for the required Cahuilla Road street improvements; and no appeal was filed; and Resolution No. 22569 Page 2 WHEREAS, Section 94.02.00.1 of the Palm Springs Zoning Code allows the revocation of a Conditional Use Permit for noncompliance with any of the conditions set forth in granting the permit; and WHEREAS, on November 8, 2006, the Planning Commission concluded that the conditions regarding the installation of street, parking and landscape improvements for Belardo and Cahuilla Roads had not been implemented as required by the Conditions of Approval for Case 5.0909-CUP, and directed staff to set a revocation hearing for the CUP; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider a recommendation for revocation of Case 5.0909-CUP has been given in accordance with applicable law; and WHEREAS, on April 8, 2009, following notification in the prescribed manner, a public hearing was held by the Planning Commission to consider revocation of Case 5.0909-CUP in accordance with applicable law, at which hearing the Commission 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, following which the Commission voted to recommend modification of the CUP to establish a completion schedule for the uncompleted street, parking and landscape improvements; and WHEREAS, on July 22, 2009, following notification in the prescribed manner, a public hearing was held by the City Council to consider revocation of Case 5.0909-CUP in accordance with applicable law, at which hearing the Council 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. That the uses of a restaurant, spa and accessory uses as granted by Case No. 5.0909-CUP have been established, and the benefits of said uses have been continuously enjoyed by the property owner to the present day. SECTION 2: That among the conditions approved by Case No. 5.0909-CUP for establishing the restaurant, spa and accessory uses include the installation of certain street improvements along the street frontages of the subject site on Belardo and Cahuilla Roads. SECTION 3: That, as of July 22, 2009, said street improvements have not been installed in accordance with the conditions of approval for Case No. 5.0909-CUP, and Resolution No. 22569 Page 3 that failure to install said improvements have allowed the property owner to enjoy the benefits of the permitted uses while causing the neighborhood to bear the detrimental effects of esthetic, parking, pedestrian access and other problems associated with the unfinished landscaping, sidewalk, parking and street improvements. SECTION 4. Based upon the foregoing, the City Council hereby modifies the conditions of approval for Case 5.0909-CUP for restaurant, spa and other accessory uses for the Viceroy Hotel, located at 415 S. Belardo Road, by adding the following additional conditions: 1. That all street improvement required for Belardo and Cahuilla Roads shall be completed on or before December 31, 2011, with intermediate milestones completed according to the following schedule: • Within 30 days of this hearing (no later than August 21, 2009), the applicant / property owner shall: I. Obtain an encroachment license from the City to construct the Cahuilla and Belardo Roads street improvements, as approved by the City in July, 2007. ii. Provide a completion bond of $250,000 to the City in a form acceptable to the City Engineer/ Director of Public Works. • Within 90 days of this hearing (no later than October 20, 2009), the applicant / property owner shall begin construction of the Cahuilla and Belardo Roads street improvements, as approved by the City in July, 2007. • Phase 1 to be com feted no later than JanuarV 31 2010: Cahuilla Road hardscape improvements (for pedestrians and parking areas) and paving of Cahuilla Road, as shown on the Street Improvements plans approved by the City in July of 2007. • Phase 2 to be completed no later than January 31 2010: Cahuilla Road landscaping, as shown on the Street Improvements plans approved by the City in July of 2007. • Phase 3 to be completed no later than December 31 2011: Belardo Road improvements, as shown on the Street Improvements plans approved by the City in July of 2007. 2. That failure to meet any of the milestones of the Condition No. 1 of this resolution shall cause Case No. 5.0909-CUP to be reviewed for revocation by the City Council, with no notice or public hearing required. Resolution No. 22569 Page 4 ADOPTED THIS 22ND DAY OF JULY, 2009. David H. Ready, City Ma ge — ATTEST: d'�fnes Thompson, City Clerk v// 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. 22569 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 22, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Mills, and Mayor Pougnet, NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk �Zboc dity of Palm Springs, California07 zl