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HomeMy WebLinkAbout24522 RESOLUTION NO. 24522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE YEAR EXTENSION OF TIME FOR CASE NOS. 5.1345 CUP AND 3.0678 MAJ FOR THE ADAPTIVE RE-USE OF EXISTING HISTORIC STRUCTURES AND CONSTRUCTION OF NEW HOTEL BUILDINGS TO OPERATE A HOTEL, RESTAURANT AND SPA ON A 3.1-ACRE SITE LOCATED AT 222 SOUTH CAHUILLA ROAD. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. New Church ll, LLC ("Applicant') filed an application with the City, pursuant to Section 94.12.00 of the Zoning Code, for a twenty-four month extension of time to the November 9, 2016 Planning Commission approval of Case Nos. 5.1345 CUP and 3.0678 MAJ, to renovate historic structures, construct new hotel buildings and operate a hotel, restaurant and spa on 3.1-acres of consolidated property between Cahuilla Road and Belardo Road, north of Baristo Road (inclusive of 220 and 248 S. Cahuilla Road; 231 and 261 S. Belardo Road; 226 W. Baristo Road; and 284 S. Cahuilla Road), zone R-3 (the "Project'). B. The November 9, 2016 Planning Commission approval of the Project was limited to two years in accordance with Sections 94.02.00(F) and 94.04.00(G) of the Zoning Code, and extensions of time may be granted pursuant to 94.12.00 of the Zoning Code. C. On November 14, 2018, the Planning Commission held a public hearing on the request to extend the Project approvals in accordance with applicable law, and voted 5- 0 to approve a one-year extension, subject to the following: 1 . Within 90-days of the approval date, the following shall occur: a. An independent engineering report shall be prepared for the Community Church structure to determine current stability and recommendations, if any, on building shoring/support. b. Applicant to implement a security plan that is reviewed/approved by staff from Fire, Planning and Police, and one member of Planning Commission and Historic Site Preservation Board. c. Applicant shall complete fencing and lighting security measures. d. City engineering staff to prepare report on existing sidewalks and make recommendations on repairs; applicant to complete said repairs. 2. Within six months of the approval date, the applicant shall complete Community Church structure shoring recommendations if recommended per item 1.a. above. 3. Six months after the approval date, a status report on the completion of the above items shall be provided to the Planning Commission six months. Resolution No. 24522 Page 2 D. On November 19, 2018, a timely Notice of Review was submitted to the City Clerk requesting City Council review of the Planning Commission decision to extend the Project, in accordance with Sections 94.12.00 and 2.06.030 of the Municipal Code. E. A notice of public hearing of the City Council of the City of Palm Springs California to consider a time extension of the Project was given in accordance with applicable law, and on December 5, 2018, the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing, including but not limited to the staff report, and all written and oral testimony presented. F. In accordance with the procedures and requirements of Section 94.12.00 of the Zoning Code, the City Council has evaluated the guidelines for approving an extension of time and finds as follows: 1. The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered; The subject property is designated "Small Hotel" by the General Plan Land Use Map. The Small Hotel designation is described as "areas with smaller-scale, boutique type hotels that are typically found in Warm Sands and Tennis Club neighborhoods. It is intended that the tourist resort character of these neighborhoods be preserved..."As an adaptive re-use of historic properties, the proposed hotel development, including accessory commercial, will remain consistent with this designation, and support the City's desire to preserve structures that contribute to the unique character of the neighborhood. 2. The findings made in support of the original approval remain valid and are still appropriate; When approving the original CUP, the Planning Commission adopted Resolution 6595. The project's layout, design and overall scope have not changed and the proposal remains compatible with existing developments on-site and in the surrounding areas. Thus, the findings made in support of the original approval remain valid and appropriate. 3. There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA); There have been no significant changes to the project, and the areas surrounding the development site remain built out with downtown commercial to the east and hotel and residential uses to the west, south and north. There is no new information available to negate the appropriateness of the project, nor is there new information Resolution No.24522 Page 3 concerning new or substantially more severe environmental effects which would require a reevaluation of the project under CEQA. 4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title; As a developed site that is currently vacant, the owner was required to register the properties under the Vacant Buildings Ordinance in Chapter 8.80 of the Palm Springs Municipal Code. Currently, there are no active code enforcement cases for the properties associated with the project, but the Community Church appears to be deteriorating and the perimeter fencing is failing to restrict trespassers from access. While the owner has been responsive to City requests to remove trash/debris, additional maintenance steps are necessary to ensure the properties are maintained prior to commencement of the project. Therefore, the time extension is conditioned to work with staff to provide building shoring and fence repairs within 90-days. 5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period. The applicant has been working with City staff to create an operations covenant that would assist with overflow parking during large events at the hotel. While not yet finalized, this has resulted in delays in exercising the entitlement. The applicant states that a twenty-four month extension would provide adequate time to finalize the covenant agreement, complete the building permit process and commence construction. 6. The applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre- payment of impact fees or submittal of permit applications, and There have been no impact fee payments or building permit application submittals. Instead, the applicant has been working with City staff to enter into a parking covenant agreement over the past 18-months and expects to complete construction drawings in the near future. 7. Extenuating circumstances, not within the applicant's control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period. The project involves a variety of complex issues that have prevented the applicant from exercising the entitlement. Foremost, the project consists of the adaptive re- use of two historic sites with a limited amount of parking. Upon receiving the project approval, the applicant states they began meeting with hotel operators and ultimately signed a franchise agreement with Auberge Hotels, a five-star hotel operator. During the design development stage of the project, the operator Resolution No. 24522 Page 4 determined additional parking would be required to comply with the hotel brand's standards. As a result, the applicant explored various parking options for the project and has been working with the City to address parking the matters for the operator, while trying to respect the limitations and constraints associated with the preservation of the historic sites. Based on the work completed to date, the circumstances associated with the parking are anticipated to be resolved within the next twenty-four months and the project under construction. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: SECTION 1 . CEQA. The project was deemed exempt from the California Environmental Quality Act (CEQA), pursuant to Sections 15331 (Historic Resource Restoration/ Rehabilitation), 15302 (ReplacemenUReconstruction) and 15332 (Infill Development) of the CEQA Guidelines. A Notice of Exemption was filed with the Riverside County Clerk on November 23, 2016. Because the project has not changed, these exemptions remain applicable in accordance with the analysis in Planning Commission Resolution 6595. No further environmental review is required. SECTION 2. Time Extension. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based on the foregoing, the City Council hereby approves a twelve month time extension of Case Nos. 5.1345 CUP and 3.0678 MAJ, from November 10, 2018 to November 9, 2019, subject to the conditions of approval imposed in Planning Commission Resolution 6595 and the following: 1. Within 90-days of the approval date, the following shall occur: a. An independent engineering report shall be prepared for the Community Church structure to determine current stability and recommendations, if any, on building shoring/support. b. Applicant to implement a security plan that is reviewed/approved by staff from Fire, Planning and Police, and one member of Planning Commission and Historic Site Preservation Board. c. Applicant shall complete fencing and lighting security measures. d. City engineering staff to prepare report on existing sidewalks and make recommendations on repairs; applicant to complete said repairs. 2. Within six months of the approval date, the applicant shall complete Community Church structure shoring recommendations if recommended per item i.a. above. 3. Six months after the approval date, a status report on the completion of the above items shall be provided to the Planning Commission. 4. Wireless camera system with motion detector installed to the satisfaction of Police Chief. 5. Repair fence to satisfaction of Police Chief and Planning Director. Resolution No. 24522 Page 5 6. Signage installed at appropriate intervals regarding trespass and cameras to satisfaction of Police Chief. 7. Update to City Council as to parking and other progress on project in six months. 8. Update to Building Official within 90-days roof of church. ADOPTED THIS 5T" DAY OF DECEMBER, 2018. David H. Ready, Ph.D. City Manager ATTEST: thony J. �jia, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24522 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 the 51h day of December, 2018, by the following vote: AYES: Councilmember Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this tu t— day of Antfiony J. M jia, M City Clerk