HomeMy WebLinkAbout3/15/2017 - STAFF REPORTS - 1.G. QpALMs
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°4<,FORN'P CITY COUNCIL STAFF REPORT
DATE: March 15, 2017 CONSENT AGENDA
SUBJECT: SUNLIGHT PEAK LLC (DBA: "EPIC HOTEL"), FOR A CONDITIONAL
USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO
CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD,
ZONE R-3 (CASE 5.1404 CUP).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY:
This is a request for approval of a Conditional Use Permit (CUP) to allow an existing
apartment complex to be converted to an (8) unit boutique hotel with kitchens. A CUP
is required when more than 10% of the rooms contain kitchen facilities. The project is to
be called the "EPIC Hotel."
The Planning Commission reviewed the CUP application on February 8, 2017, and
approved the application subject to conditions. This item has been brought forward to
City Council pursuant to Section 94.10.00 of the Palm Springs Zoning Code, which
allows any member of the City Council to initiate a review of any decision of the
Planning Commission that is final action. On March 1, 2017, the City Council reviewed
the CUP request, and voted to approve the application subject to additional conditions.
Staff has prepared a Resolution and Conditions of Approval reflecting the City Council
action on March 1st.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1404 CUP, A
CONDITIONAL USE PERMIT (CUP) TO ALLOW AN EIGHT (8) UNIT BOUTIQUE
HOTEL TO CONTAIN KITCHENS AT 275 EAST TAMARISK ROAD."
STAFF ANALYSIS:
This item was forwarded to the City Council pursuant to Section 94.10.00, which states
as follows:
`Any member of the City Council may initiate a review of any planning or
zoning decision of the planning commission not otherwise before the City
ITEM NO. Ci
City Council Staff Report
March 1, 2017 -- Page 2
Case 5.1404
Council by giving notice thereof to the City Clerk within the time for filing of
a notice of review as prescribed by Section 2.06.030 of the Palm Springs
Municipal Code."
Following the Planning Commission meeting where the item was considered, the City
Clerk received notice from Councilmember Kors to review the Planning Commission's
decision to approve the application. Based on this request, the item was noticed for a
public hearing before the City Council on March 1, 2017.
The application involves the conversion of an existing nine (9) unit apartment complex
to an eight (8) unit hotel facility. No additional square footage is proposed; the existing
buildings will be renovated and updated, the new landscaping will be installed, the
swimming pool will be replaced, and solar panels will be placed on the roof. Pursuant to
Palm Springs Zoning Code (PSZC) Section 92.04.01(D), a CUP is required as all of the
hotel rooms will have kitchen facilities. A full analysis of the application is provided in
the accompanying Planning Commission Staff Report, which is included as Attachment
#2 to this report.
The Planning Commission reviewed the application at their meeting of February 8,
2017, and found the application to be consistent with the requirements of the R-3 zoning
district and the criteria for approval of a CUP application. However, concerns were
raised by Planning Commission members about the loss of affordable housing stock
and provisions made to assist any existing tenants with relocation needs.
Relative to the loss of housing stock, staff provided the goal statements from the
Housing Element of the General Plan to the Planning Commission members:
Goal HS2.10:
"Ensure that proposals for the conversion of apartments into
condominiums are evaluated on an individual, case by case basis and that
no loss of existing affordable housing units occurs as a result of
conversion".
Goal HS2.6:
"Preserve At-Risk Units. The City is committed to preserve its stock of
multiple-family affordable housing, some which is at risk of conversion
and/or needs significant renovation and improvement. The City is
committed to facilitating preservation of affordable housing through
technical assistance and proving financial assistance when feasible_ 5-
Year Objective: Monitor the status of affordable units that may become at-
risk of conversion; and the City will work with tenants of at-risk units and
provide them with education regarding tenant rights and conversion
procedures".
It was noted that the units in question were not identified as at-risk units in the Housing
02
City Council Staff Report
March 1, 2017 -- Page 3
Case 5.1404
Element of the General Plan, nor was the application a request to convert to
condominium units.
In addition, the Planning Commissioners questioned if the municipal code required
relocation expenses for the conversion of the apartments to hotel units. Palm Springs
Municipal Code (PSMC) Section 9.62.020 does require notification and payment of
relocation expenses where apartments are converted to condominiums, but does not
address the conversion to hotel units. Because of the similarity of the process and in
the interest of public welfare, the Planning Commission approved the CUP with the
following added conditions:
1. Property owner to provide a sixty (60) day notice of intent to convert apartment
complex to hotel for all current building tenants with proof of notification
submitted to Planning Department.
2. Property owner to provide Tenant Assistance to occupants as stipulated in
Section 9.62.020 (F) of the Palm Springs Municipal Code.
At the meeting of March 1, 2017, the City Council voted to approve the application with
the conditions imposed by the Planning Commission, and also added conditions
requiring that the facility be operated as a typical full-service hotel. The added
conditions are included in the attached Conditions of Approval.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The Planning Commission determined that pursuant to the California Environmental
Quality Act (CEQA) Guidelines, the project is a Class I exemption and is categorically
exempt pursuant to Section 15301(a), Existing Facilities.
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F�Iinn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
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David H. Ready, Esq., Ph.D
City Manager
03
City Council Staff Report
March 1, 2017 -- Page 4
Case 5.1404
Attachments:
1. Resolution
2. Conditions of Approval
3. Vicinity Map
4. Planning Commission Staff Report - 02/08/17
5. Planning Commission Resolution #6611
6. Planning Commission Meeting Minutes — 02/08/17
7. Section 9.62.020 of the Municipal Code — Condominium Conversion
8. AAC Meeting Minutes — 01/17/17
9. Business Principal Disclosure — Sunlight Peak LLC
04
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING CASE
5.1404 CUP, A CONDITIONAL USE PERMIT (CUP) TO
ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO
CONTAIN KITCHENS LOCATED AT 275 EAST
TAMARISK ROAD.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Sunlight Peak, LLC, ("Applicant') has filed a Conditional Use Permit application
with the City pursuant to Sections 94.02.00 and 92.02.01(C)(7) of the Zoning Code
to allow a hotel with more than 10% of the guest rooms containing kitchens at Epic
Hotel located at 275 East Tamarisk Road, Zone R-3, Section 11, APN: 507-181-
002 (Case 5.1404 CUP).
B. A hotel with guest units containing kitchen facilities in more than 10% of the
rooms is permitted in the R-3 (Medium Density Residential) Zone with the approval
of a Conditional Use Permit, pursuant to Section 92.02.01(C)(7) of the Zoning Code.
C. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California to consider the above-mentioned application was given in
accordance with applicable law, and on January 11, 2017, the Planning 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 and voted 7-0 to approve the Project with conditions.
D. On Monday 6, 2017, a timely Notice of Review was submitted to the City Clerk
requesting City Council a review of the Planning Commission decision relative to
Case 5.1404 CUP according to Section 2.06.030 of the Municipal Code.
E. Notice of public hearing of the City Council of the City of Palm Springs California
to consider Case 5.1404 CUP was given in accordance with applicable law, and on
March 1, 2017, the City 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 and voted 5-0
to approve the Project with conditions.
F. The proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section
15301 of the CEQA Guidelines.
05
City Council Resolution No. March 15, 2017
Case 5.1404 CUP—Epic Hotel—275 East Tamarisk Road Page 2 of 4
G. Section 94.02.00(B)(6) of the Palm Springs Zoning Code requires the City
Council to not approve a Conditional Use Permit unless it finds as follows:
1) That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
Section 92.02.01(C)(7) of the Palm Springs Zoning Code (PSZC) allows hotels
which more than ten (10%) percent of the guest rooms contain kitchen facilities
within the R-2 zone with the approval of a CUP. The existing structure is a nine (9)
unit apartment complex that will be renovated into an eight (8) unit boutique hotel
with kitchens. The approval of the CUP will allow the use to comply with the PSZC.
2) That the use is necessary or desirable for the development of the
community, is in harmony with the various elements of objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
The approval of the CUP to allow eight (8) units with kitchens will permit the
business to operate as a boutique hotel. The presence of kitchens in the rooms will
provide casual cooking facilities for a short or long term visitor. The conversion of a
1950's apartment complex to hotel located in the R-3 zone with a General Plan
Land Use Designation of High Density Residential conforms to all applicable
development standards. Adjacent properties to the west and south are similar
commercial businesses and the renovation of the proposed project will reduce the
overall unit count. The new hotel is not anticipated to be detrimental to existing uses
or future uses specifically permitted in the R-3 zone.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The renovation of an existing apartment complex to a new boutique hotel will meet
the development standards of the R-3 zone. The existing foot print of the structure
will not be altered and the density of the site will be reduced with the elimination of
one unit. Changes to the property include the relocation of a pool, the construction
of internal patio walls, and the reconstruction of the existing front property wall
separating the parking area and the internal courtyard. The project as presented
with the proposed improvements will meet this finding, therefore, the site is
adequate in size and shape to accommodate the proposed use.
4) That 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.
06
City Council Resolution No. March 15, 2017
Case 5.1404 CUP— Epic Hotel—275 East Tamarisk Road Page 3 of 4
The project site is located within 140 feet of North Indian Canyon Drive which is a
Major Thoroughfare in the General Plan Circulation Element, and has direct access
from East Tamarisk Road. Off-street parking for the project consists of nine (9) bay
parking spaces located at the front of the subject property. The renovated hotel will
reduce the overall number of guest units to eight (8) and any traffic generated by the
proposed use will be insignificant to the streets and highways.
5) That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
The proposal is to renovate an existing apartment complex into an eight (8) unit
boutique hotel with kitchens. Conditions of Approval have been included in the
attached Exhibit A to ensure that the use operates in a manner which protects the
public health, safety and general welfare and protect the historic resource. These
conditions include compliance with the City's Zoning Ordinance and other necessary
requirements.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:
SECTION 1. CEQA.
The proposed proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section
15301 of the CEQA Guidelines
SECTION 2. Conditional Use Permit.
The City Council approves Conditional Use Permit application (Case 5.1404 CUP) with
conditions as outlined in attached Exhibit "A."
ADOPTED THIS 15th DAY OF MARCH, 2017.
David H. Ready, City Manager
ATTEST:
Kathleen D. Hart, Interim City Clerk
07
City Council Resolution No. March 15, 2017
Case 5.1404 CUP— Epic Hotel—275 East Tamarisk Road Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Resolution No. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen D. Hart, Interim City Clerk
City of Palm Springs, California
08
RESOLUTION NO.
EXHIBIT A
Case 5.1404 CUP
Epic Hotel
275 East Tamarisk Road
March 15, 2017
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1404 CUP, except as modified the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans date stamped February 1, 2017 and on
file in the Planning Division except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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 5.1404 CUP. 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
09
Resolution No.
Conditions of Approval Page 2 of 12
5A404 CUP—Epic Hotel March 15,2017
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 the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Commencement of Use. The time limit for commencement of
the use authorized by this conditional use permit shall be two (2) years from
the effective date of approval. A conditional use permit shall become effective
after an elapsed period of fifteen (15) days from the date of the decision by
the commission authorizing the permit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05. Permits will not be issued until the appeal period has
concluded.
ADM 9. Cause No Disturbance. 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.
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Resolution No.
Conditions of Approval Page 3 of 12
5,1404 CUP—Epic Hotel March 15,2017
ADM 10. Grounds for Revocation. 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 Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in
enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with the law.
ADM 11. Comply with City Noise Ordinance. This use and property shall comply with
the provisions of Section 11.74 Noise Ordinance of the Palm Springs
Municipal Code. Violations may result in revocation of this Conditional Use
Permit.
Ordinance Time of Day Ordinance dBA Limits
7:00 AM to 6:00 PM 60
6:00 PM to 10:00 PM 55
10:00 PM to 7:00 AM 50
ADM 12. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
CITY COUNCIL CONDITIONS
CC 1. Maintain the relocation assistant as required by the Planning Commission as
seen in PLN 11.
CC 2. A list of residents for relocation shall be provided to the Department of
Planning Services prior to issuance of permits for construction.
CC 3. The renovated hotel shall be required to provide and maintain the following
services:
• The hotel shall have a front desk that is accessible to the general
public.
• The front desk must be staffed from 7:00 AM to 7:00 PM, with a
manager available after hours to respond to guest needs.
• Housekeeping services shall be provided on a daily basis.
• Guest occupancy shall not exceed a maximum of 28 days.
PLANNING DEPARTMENT CONDITIONS
PLN 4. Entertainment and Amplified Noise. This CUP does not authorize any use of
entertainment or amplified music on-site.
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Resolution No.
Conditions of Approval Page 4 of 12
5.1404 CUP—Epic Hotel March 15,2017
PLN 5. Sign Applications Required. No signs are approved by this action.
PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 9. Kitchens. Conditional Use Permit (CUP) will permit kitchens in eight (8) guest
units.
CONDITIONS IMPOSED BY PLANNING COMMISSION
PLN 10. Property owner to provide a sixty (60) day notice of intent to convert
apartment complex to hotel for all current building tenants with proof of
notification submitted to Planning Department.
PLN 11. Property owner to provide Tenant Assistance to occupant's as stipulated in
Section 9.62.020 (F) of the Palm Springs Municipal Code.
POLICE DEPARTMENT CONDITIONS
POL 1. The operator shall comply with the noise ordinance (Chapter 11.74 of the
Municipal Code) 24-hours a day.
POL 2. The operator shall work with the Police Department to amicably resolve
complaints related to meetings and events at the property.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Construction Permits. Prior to any construction on-site, all appropriate
permits must be secured.
FIRE DEPARTMENT CONDITIONS
FID 1 These conditions are subject to final plan check and review. Initial Fire
Department conditions have been determined from the plans received and
dated June 13, 2016 in addition to a revised site plan received on November
11, 2016. Additional requirements may be required at that time based on
revisions to site plans.
FID 2 Fire Department Conditions were based on the 2013 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code and latest
adopted NFPA Standards. Four (4) complete sets of plans for private fire
service mains, fire alarm, or fire sprinkler systems must be submitted at time
of the building plan submittal. No deferred submittals accepted.
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Resolution No.
Conditions of Approval Page 5 of 12
5.1404 CUP—Epic Hotel March 15,2017
FID 3 PLANS AND PERMITS
Complete plans for private fire service mains or fire sprinkler systems should
be submitted for approval well in advance of installation. Plan reviews can
take up to 20 working days. Submit a minimum of four (4) sets of drawings for
review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday —Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. Inspection fees are charged at the fully burdened hourly rate of the
fire inspector. These fees are established by Resolution of the Palm Springs
City Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall indicate all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supportive data (calculations
and manufacturer's technical data sheets) shall be submitted with each plan
submittal. Complete and accurate legends for all symbols and abbreviations
shall be provided on the plans.
FID 4 Conditions of Approval — "Conditions of Approval" received from the Palm
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval
FID 5 Key Box Required (CFC 506.1): Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The
key box shall be flush mount type and shall contain keys to gain necessary
access as required by the fire code official.
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Resolution No.
Conditions of Approval Page 6 of 12
5.1404 CUP—Epic Hotel March 15,2017
Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box installations
shall be 5 feet above grade. Location and installation of Knox key boxes must
be approved by the fire code official.
Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all
areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms,
mechanical rooms, elevator rooms, elevator controls, plus a card containing
the emergency contact people and phone numbers for the building/complex.
FID 6 Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is
required and shall include underground private fire main for fire sprinkler
riser(s), public fire hydrant(s), public water mains, Double Check Detector
Assembly, Fire Department Connection and associated valves.
FID 7 Required Water Supply (CFC 507.1): An approved water supply capable of
supplying the required fire flow for fire protection shall be provided to
premises upon which facilities, buildings or portions of buildings are hereafter
constructed or moved into or within the jurisdiction.
FID 8 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13R, 2013 Edition, as modified by local ordinance.
FID 9 Identification (CFC 509.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, roof access, electrical rooms, or other fire
detection, suppression or control elements shall be identified for the use of
the fire department. Approved signs required to identify fire protection
equipment and equipment location, shall be constructed of durable materials,
permanently installed and readily visible.
FID 10 Fire Sprinkler Supervision and Alarms System (CFC 903.4/4.1): All valves
controlling the water supply for automatic sprinkler systems, pumps, tanks,
water levels and temperatures, critical air pressures and water-flow switches
on all fire sprinkler systems shall be electrically supervised by a listed Fire
Alarm Control Unit (FACU). The listed FACU alarm, supervisory and trouble
signals shall be distinctly different and shall be monitored at a UL listed
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Resolution No.
Conditions of Approval Page 7 of 12
5.1404 CUP—Epic Hotel March 15,2017
central station service. The fire sprinkler supervision and alarms system shall
comply with the requirements of NFPA 72, 2013 Edition. All control valves
shall be locked in the open position.
FID 11 Smoke Alarm or Detector Location — R-1 Occupancy (CFC 907.2.11.1):
Single or multiple-station smoke alarms shall be installed in all of the following
locations in Group R-1:
1. In sleeping areas.
2. In every room in the path of the means of egress from the sleeping area to
the door leading from the sleeping unit.
3. In each story within the sleeping unit, including basements. For sleeping
units with split levels and without an intervening door between the adjacent
levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is less than one full story
below the upper level.
FID 12 Group R-1 and R-2.1 Accessibility Requirements (CFC 907.6.2.3.3):
Group R-1 and R-2.1 dwelling units or sleeping units in accordance with
Table 907.6.2.3.3 shall be provided with a visible alarm notification appliance,
activated by both the in room smoke alarm and the building fire alarm system.
Also comply with Section 1111 B.4.5, Table 11 B-3, and Table 11 B-4 of the
California Building Code.
FID 13 Fire Extinguisher Requirements (CFC 906): Provide one 2-A: 10-B: C
portable fire extinguisher for every 75 feet of floor or grade travel distance for
normal hazards. Show proposed extinguisher locations on the plans.
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet
above floor level. Preferred location is in the path of exit travel or near an exit
door.
FID 14 Interior, Finish, Decorative Materials and Furnishings (CFC 801.1):
Scope. The provisions of this chapter shall govern interior finish, interior trim,
furniture, furnishings, decorative materials and decorative vegetation in
buildings. Existing buildings shall comply with Sections 803 through 808. New
buildings shall comply with Sections 804 through 808, and Section 803 of the
California Building Code.
FID 15 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in
amounts exceeding the maximum allowable quantity per control area as set
forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and
5004. Storage of hazardous materials in amounts not exceeding the
maximum allowable quantity per control area as set forth in Section 5003.1
shall be in accordance with Sections 5001 and 5003. Retail and wholesale
storage and display of nonflammable solid and nonflammable and
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Conditions of Approval Page 8 of 12
5.1404 CUP—Epic Hotel March 15, 2017
noncombustible liquid hazardous materials in Group M occupancies and
Group S storage shall be in accordance with Section 5003.11.
• Pool Chemicals — dedicated, compliant storage cabinets, rooms, or
areas required
• Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets,
rooms, or areas required
ENGINEERING DEPARTMENT CONDITIONS
STREETS
ENG 1. The Engineering Services Department recommends deferral of off-
site improvement items (identified as "Deferred') at this time due to
lack of full improvements in the immediate area. The owner shall
execute a street improvement covenant agreeing to construct all
required street improvements upon the request of the City of Palm
Springs City Engineer at such time as deemed necessary. The
covenant shall be executed and notarized by the property owner(s)
prior to approval of the Grading Plan or issuance of grading or
building permits. A current title report; or a copy of a current tax bill
and a copy of a vesting grant deed shall be provided to verify
current property ownership. A covenant preparation fee in effect at
the time that the covenant is submitted shall be paid by the
applicant prior to issuance of any grading or building permits.
ENG 2. Any improvements within the public right-of-way require a City of
Palm Springs Encroachment Permit. All improvements are subject
to inspection and a 24 to 48 hour inspection notification is required.
ENG 3. Submit street improvement plans prepared by a registered
California civil engineer to the Engineering Services Department.
The plan(s) shall be approved by the City Engineer prior to
issuance of any building permits. "Deferred'
TAMARISK ROAD
ENG 4. Dedicate an additional 10 feet to provide the ultimate half street
right-of-way width of 30 feet along the entire frontage. A current title
report; or a copy of a current tax bill and a copy of a vesting grant
deed shall be provided to verify current property ownership. A right-
of-way plan check fee shall be paid by the applicant in effect at the
time that the dedication is submitted.
16
Resolution No.
Conditions of Approval Page 9 of 12
5.1404 CUP—Epic Hotel March 15,2017
ENG 5. The owner shall apply for an Encroachment Agreement from the
Engineering Services Department to allow the existing bay parking
to remain on said portion of property to be dedicated as required for
additional right-of-way. The agreement shall be executed by the
owner prior to issuance of a building permit.
ENG 6. Construct a 6 inch curb and gutter, 20 feet south of centerline along
the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 200. "Deferred'
ENG 7. Construct a driveway approach for bay parking in accordance with
City of Palm Springs Standard Drawing No. 201. "Deferred'
ENG 8. Construct an 8 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing
No. 210. "Deferred'
ENG 9. Construct pavement with a minimum pavement section of 3 inches
asphalt concrete pavement over 6 inches crushed miscellaneous
base with a minimum subgrade of 24 inches at 95% relative
compaction, or equal, from edge of proposed gutter to clean sawcut
edge of pavement along the entire frontage in accordance with City
of Palm Springs Standard Drawing No. 110. (Additional pavement
removal and replacement may be required upon review of existing
pavement cross-sections, and to ensure grade breaks of the
pavement cross-section do not occur within a travel lane.) If an
alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the
City Engineer for approval. "Deferred'
ENG 10. All broken or off grade street improvements along the project
frontage shall be repaired or replaced.
SANITARY SEWER
ENG 11. All sanitary facilities shall be connected to the public sewer system.
The existing sewer service to the property shall be used for new
sanitary facilities. New laterals shall not be connected at manholes.
GRADING
ENG 12. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Services Department for review and approval.
The Precise Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
17
Resolution No.
Conditions of Approval Page 10 of 12
5.1404 CUP—Epic Hotel March 15,2017
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Services Department
for review and approval. The applicant and/or its grading contractor shall
be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella
Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such
that the applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Services Department with
current and valid Certificate(s) of Completion from AQMD for staff that has
completed the required training. For information on attending a Fugitive
Dust Control Class and information on the Coachella Valley Fugitive Dust
Control Handbook and related "PM10" Dust Control issues, please contact
AQMD at (909) 396-3752, or at http://www.AQMD..qov. A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust
Control Handbook, shall be submitted to and approved by the Engineering
Services Department prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report.
ENG 13. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from
the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist ( a copy of the written approval must be
provided to the City) . The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at ACBCI-
THPO(a)aguacaliente.net to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the responsibility of the applicant to
coordinate scheduling of Tribal monitors during grading or other
construction, and to arrange payment of any required fees associated with
Tribal monitoring.
ENG 14. In cooperation with the Riverside County Agricultural Commissioner and
the California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
i8
Resolution No.
Conditions of Approval Page 11 of 12
5,1404 CUP—Epic Hotel March 15,2017
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
GENERAL
ENG 15. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall
be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115.
ENG 16. All proposed utility lines shall be installed underground.
ENG 17. If utility undergrounding is deferred in accordance with specific direction by
the Planning Commission and/or City Council, the record property owner
shall enter into a covenant agreeing to underground all of the existing
overhead utilities required by the Municipal Code in the future upon
request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property
owner and submitted to the City Engineer prior to issuance of a grading
permit. A current title report; or a copy of a current tax bill and a copy of a
vesting grant deed shall be provided to verify current property ownership.
A covenant preparation fee in effect at the time that the covenant is
submitted shall be paid by the developer prior to issuance of any grading
or building permits.
ENG 18. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 19. Upon approval of any improvement plan (if required) by the City Engineer,
the improvement plan shall be provided to the City in digital format,
consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variation of the type and format of the digital data to be submitted to the
City may be authorized, upon prior approval by the City Engineer.
ENG 20. The original improvement plans prepared for the proposed development
and approved by the City Engineer (if required) shall be documented with
record drawing "as-built' information and returned to the Engineering
Services Department prior to issuance of a final certificate of occupancy.
Any modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
19
Resolution No.
Conditions of Approval Page 12 of 12
5.1404 CUP—Epic Hotel March 15,2017
ENG 21. Nothing shall be constructed or planted in the corner cut-off area of
any driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
TRAFFIC
ENG 22. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the
proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
ENG 23. Construction signing, lighting and barricading shall be provided during
all phases of construction as required by City Standards or as directed
by the City Engineer. As a minimum, all construction signing, lighting
and barricading shall be in accordance with Part 6 "Temporary Traffic
Control' of the California Manual on Uniform Traffic Control Devices
(CAMUTCD), dated November 7, 2014, or subsequent editions in force
at the time of construction.
ENG 24. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
END OF CONDITIONS
20
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CITY OF PALM SPRINGS
CASE NO: 5.1404 CUP / 3.2374 MAJ
APPLICANT: Epic Hotel
ADDRESS: 275 E. Tamarisk Road
21
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4109N,
PLANNING COMMISSION STAFF REPORT
DATE: FEBRUARY 8, 2017
SUBJECT: SUNLIGHT PEAK LLC. (DBA: "EPIC HOTEL"), FOR A CONDITIONAL
USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO
CONTAIN KITCHENS LOCATED AT 275 EAST TAMARISK ROAD,
ZONE R-3. (CASE 5.1404 CUP)
FROM: Flinn Fagg, AICP, Director of Planning Services
SUMMARY
A public hearing before the Planning Commission requesting a Conditional Use Permit
(CUP) to allow an existing apartment complex be converted to an (8) unit boutique hotel
with kitchens. A CUP is required when more than 10% of the rooms contain a kitchen.
Architectural changes include modifications to the front entry walls, a remodel of
building exterior, a new pool, and new landscaping. The project is to be called the
"EPIC Hotel".
RECOMMENDATION:
Approve with Conditions.
ISSUES:
• The Palm Springs Zoning Code requires that hotels in which more than ten
(10%) of the guest rooms contain kitchen facilities must obtain a Conditional Use
Permit (CUP).
• The architectural changes to the building will not increase existing floor area and
does not require Planning Commission action. Site and Landscape plans along
with building elevations, and floor plans are provided to illustrate the scope of the
project.
BACKGROUND INFORMATION:
1/17/2017 1 AAC recommends approval to the Planning Commission as
resented.
£,
6 '-
5/6/2015 Sunlight Peak, LLC
?. 2
Planning Commission Staff Report
February 8, 2017 --Page 2
Case 5.1404 CUP —275 East Tamarisk Road
}
1/26/2017 Notification mailed to all property owners within 500 feet of subject
lot.
2/2/2017 Email notification sent to Old Las Palmas; El Mirador; Movie
Colony; and Midtown Neiqhborhood Organizations.-
January Orcianizations.—
January 2017 1 Staff visited site to observe existing conditions
DETAILS OF APPLICATION REQUEST:
Net Area 13,917-s uare feet
y'r
c N-
Subject HDR (High Density 9-unit ~ apartment R-3 (Multi-Family
Property Residential), up to 30 complex Residential)
units per acre
North VLDR (Very Low Single-Family R-1-13 (Single-
Density Residential), Residential Family Residential)
up to 4 units per acre
South HDR (High Density Small Hotel R-3 (Multi-Family
Residential), up to 30 Residential)
units per acre
East VLDR (Very Low Single-Family R-1-13 (Single-
Density Residential), Residential Family Residential)
up to 4 units per acre West HDR (High Density Small Hote__l _ R-3 (Multi-Family
Residential), up to 30 Residential)
units per acre
Old Las Palms Business Historic District Yes (not a contributing structure)
DEVELOPMENT STANDARDS:
Development standards for the project will be evaluated by the Planning Commission at
a subsequent review. A cursory review of the development standards pursuant to the
Palm Springs Zoning Code (PSZC) Section 92.03.03 for the R-2 zone is provided to
assist in the architectural review of the project:
23
Planning Commission Staff Report
February 8, 2017-- Page 3
Case 5.1404 CUP —275 East Tamarisk Road
Standard ;Re uir#dlAllowed Provided Compliance
Lot Area 20,000-square feet 13,917-square feet Yes (non-conforming
lot of record
Lot Width 130 feet 105 feet Yes (non-conforming
lot of record
Lot Depth 156 feet 104 feet Yes (non-conforming
lot of record
Front Yard 25 feet 26 feet Yes
Side Yard 10 feet 10 feet Yes
Rear Yard 10 feet 9 feet Yes (existing non-
conforming)
Buitding Height 15 feet backing on R-1 9' feet Yes
max.
Open Space 45% 45% Yes
Trash Enclosure Required 1 Trash Enclosure Yes
Mech. Equip. Screened Ground Mount Yes
Parking 1 space per unit = 8 9 spaces Yes
spaces
ANALYSIS:
Site Plan:
The proposal is to renovate an existing 9-unit apartment complex into an 8-unit hotel
with kitchens. The site was originally built in 1939 as the "Chaney Apartments"
designed by architect John Porter Clark and consists of two buildings with angled
entries facing a center court and large free form pool. Bay parking is provided at the
front of the complex accessed from East Tamarisk Road. The site has deteriorated with
age with some of the units currently uninhabitable. The new property owners seek
approval to renovate the property and operate the facility as a hotel. The units will be
"studios" with a combination living/bedroom, kitchen, bathroom and private patios on the
front and rear of the unit.
Changes to the site plan include the construction of individual unit privacy walls at five
(5') feet tall which line the center walkway. This is a change from the original design
which had a small front entry onto common open space. The floor plan for the existing
units contains a front bedroom that has a parallel wall to the center courtyard which will
be removed. This new area will become the front patio with a triangle cut-out in the roof
above each private space.
Mass and Scale:
The proposal is to renovate the existing two building apartment complex with no
additional square footage into a hotel with kitchens requiring a Conditional Use Permit
(CUP). The density of the complex will be reduced from 9-units to 8-units allowing for
ancillary uses such as a small reception/check-in area, housekeeping, and a pool
,. 2�
Planning Commission Staff Report
February 8, 2017-- Page 4
Case 5.1404 CUP —275 East Tamarisk Road
lounge/restroom. The buildings are currently 8'-1" tall with no increase in height
proposed. The size and scale of the project will be consistent with the adjacent Los
Arboles Hotel and provides an appropriate transition to single-family homes to the north
and east.
Building Design and Detailing:
The renovation of the two buildings will include the alteration of the interior floor plan by
removing an exterior wall of the front bedrooms facing the courtyard. This allows for an
expanded private patio with a five (5) foot tall masonry wall and gate. Other building
alterations include new exterior smooth plaster walls in a white color; and new glass
sliders and windows with clear anodized aluminum frames in a gray color. The building
roofs will be altered with a triangle cut-out above the front patios. Masonry walls will be
added in the rear of each unit to separate and provide privacy. Access to the unit
shower will be from the rear patio and a stacked washer/dryer is provided.
Other site changes include the removal of the existing front property line low wall and
ficus hedge to be replaced with a new six (6) foot tall masonry wall and front entry with
metal gate. The existing pool will be removed and replaced with a new rectangular
pool, spa, and deck at the rear of the property.
Landscaping and Buffers:
The dominant feature of the existing site is the dissecting concrete walkway which leads
from the front entry gate through the site with sidewalks leading to each unit. The
common open space consists of turf with smaller shrubs in planter beds. The area
between the bay parking and front perimeter wall contains a mature ficus hedge.
The proposed landscape plan will maintain the symmetrical bisecting walkway, however
all turf will be removed and replaced with planting areas containing a 36" box Waxleaf
Privet, understory of Green Carpet, Yucca, and Calliandra climbing the patio walls. The
planter beds between the bay parking and the perimeter wall will also contain trees,
Yucca, and climbing plants similar to the interior plan. The rear patios will contain either
a Pony Tail Palm, or Aloe with Yucca and Mexican Grass. A ficus hedge at the rear of
the property will provide privacy for the pool area. Ground cover will be 3/8"
decomposed granite Mohave Gold color and boulders,
Architectural Advisory Committee
The AAC reviewed the project at the January 17, 2017 meeting and voted to
recommend approval to the Planning Director as submitted.
REQUIRED FINDINGS:
The Planning Commission must make certain findings in order to approve this
Conditional Use Permit pursuant to Section 94.02.00 of the Palm Springs Zoning Code;
those findings are analyzed by staff below:
25
Planning Commission Staff Report
February B, 2017--Page 5
Case 5.1404 CUP —275 East Tamarisk Road
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
Section 92.02.01(C)(7) of the Palm Springs Zoning Code (PSZC) allows hotels with
more than ten (10%) percent of the guest rooms containing kitchen facilities within
the R-2 zone with the approval of a CUP. The existing structure is a nine (9) unit
apartment complex that will be renovated into an eight (8) unit boutique hotel with
kitchens. The approval of the CUP will allow the use to comply with the PSZC.
b. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements of objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
The approval of the CUP to allow eight (8) units with kitchens will permit the
business to operate as a boutique hotel. The presence of kitchens in the rooms will
provide casual cooking facilities for visitors. The conversion of a 1950's apartment
complex to hotel located in the R-3 zone with a General Plan Land Use Designation
of High Density Residential conforms to all applicable development standards.
Adjacent properties to the west and south are similar commercial businesses and
the renovation of the proposed project will reduce the overall unit count. The new
hotel is not anticipated to be detrimental to existing uses or future uses specifically
permitted in the R-3 zone.
c. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood,
The renovation of an existing apartment complex to a new boutique hotel will meet
the development standards of the R-3 zone. The existing foot print of the structure
will not be altered and the density of the site will be reduced with the elimination of
one unit. Changes to the property include the relocation of a pool, the construction
of internal patio walls, and the reconstruction of the existing front property wall
separating the parking area and the internal courtyard. The project as presented
with the proposed improvements will meet this finding, therefore, the site is adequate
in size and shape to accommodate the proposed use.
d. That 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.
26
Planning Commission Staff Report
February 8, 2017--Page 6
Case 5.1404 CUP —275 East Tamarisk Road
The project site is located within 140 feet of North Indian Canyon Drive which is a
Major Thoroughfare in the General Plan Circulation Element, and has direct access
from East Tamarisk Road. Off-street parking for the project consists of nine (9) bay
parking spaces located at the front of the subject property. The renovated hotel will
reduce the overall number of guest units to eight (8) and any traffic generated by the
proposed use will be insignificant to the streets and highways.
e. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
The proposal is to renovate an existing apartment complex into an eight (8) unit
boutique hotel with kitchens. Conditions of Approval have been included in the
attached Exhibit A to ensure that the use operates in a manner which protects the
public health, safety and general welfare and protect the historic resource. These
conditions include compliance with the City's Zoning Ordinance and other necessary
requirements.
ENVIRONMENTAL:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is a
Class I exemption and is categorically exempt per Section 15301(a) (Existing Facilities).
CONCLUSION:
The approval of a CUP will allow for the renovation of the existing apartment complex to
an eight (8) unit hotel with kitchens and the use will not be detrimental to the
surrounding neighborhood. The re-worked site to include new exterior building
materials, revised landscape plan, relocation of pool, and new front entry wall and gate
is consistent with the underlying R-3 zoning. Based upon this determination, Staff
recommends approval of the Conditional Use Permit.
Glenn Mlaker, A1CP
Associate Planner
Fli n Fagg, AICP
Director of Planning Service
Attachments:
27
Planning Commission Staff Report
February 8, 2017--Page 7
Case 5.1404 CUP —275 East Tamarisk Road
1. Vicinity Map
2. Resolution
3. Conditions of Approval
4. Minutes of the 1/17/2017 AAC Meeting
5. Site Photos
6. Justification Letter
7. Material Board
8. Existing Site Plan
9, Proposed Site Plan
10.Landscape Plan
11.Floor Plan
12.Roof Plan
13.Building Elevations
14.3-D Images of Site
28
//
RESOLUTION NO. 6611
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1404 CUP, A CONDITIONAL USE
PERMIT (CUP) TO ALLOW AN EIGHT (8) UNIT
BOUTIQUE HOTEL TO CONTAIN KITCHENS
LOCATED AT 275 EAST TAMARISK ROAD.
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. Sunlight Peak, LLC, ("Applicant") has filed a Conditional Use Permit application
with the City pursuant to Sections 94.02.00 and 92.02.01(C)(7) of the Zoning Code to
allow a hotel with more than 10% of the guest rooms containing kitchens at Epic Hotel
located at 275 East Tamarisk Road, Zone R-3, Section 11, APN: 507-181-002.
B. A hotel with guest units containing kitchen facilities in more than 10% of the
rooms is permitted in the R-3 (Medium Density Residential) Zone with the approval of a
Conditional Use Permit, pursuant to Section 92.02.01(C)(7) of the Zoning Code.
C. Notice of public hearing of the Planning Commission of the City of Palm Springs
to consider Case No. 5.1404 — CUP was given in accordance with applicable law.
D. On February 8, 2017, a public hearing on the application was held by the
Planning Commission in accordance with applicable law.
E. The proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section
15301 of the CEQA Guidelines; and
F. 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 PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
G. Section 94.02.00(B)(6) of the Zoning Code requires the Planning Commission
not approve a Conditional Use Permit unless it finds as follows:
1) That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
Section 92.02.01(C)(7) of the Palm Springs Zoning Code (PSZC) allows hotels
which more than ten (10%) percent of the guest rooms contain kitchen facilities
29
Planning Commission Resolution No. 6611 February 8, 2017
Case 5.1404 CUP—Epic Hotel—275 East Tamarisk Road Page 2 of 3
within the R-2 zone with the approval of a CUP. The existing structure is a nine (9)
unit apartment complex that will be renovated into an eight (8) unit boutique hotel
with kitchens, The approval of the CUP will allow the use to comply with the PSZC.
2) That the use is necessary or desirable for the development of the
community, is in harmony with the various elements of objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
The approval of the CUP to allow eight (8) units with kitchens will permit the
business to operate as a boutique hotel. The presence of kitchens in the rooms will
provide casual cooking facilities for a short or long term visitor. The conversion of a
1950's apartment complex to hotel located in the R-3 zone with a General Plan
Land Use Designation of High Density Residential conforms to all applicable
development standards. Adjacent properties to the west and south are similar
commercial businesses and the renovation of the proposed project will reduce the
overall unit count. The new hotel is not anticipated to be detrimental to existing uses
or future uses specifically permitted in the R-3 zone.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The renovation of an existing apartment complex to a new boutique hotel will meet
the development standards of the R-3 zone. The existing foot print of the structure
will not be altered and the density of the site will be reduced with the elimination of
one unit. Changes to the property include the relocation of a pool, the construction
of internal patio walls, and the reconstruction of the existing front property wall
separating the parking area and the internal courtyard. The project as presented
with the proposed improvements will meet this finding; therefore, the site is
adequate in size and shape to accommodate the proposed use.
4) That 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 located within 140 feet of North Indian Canyon Drive which is a
Major Thoroughfare in the General Plan Circulation Element, and has direct access
from East Tamarisk Road. Off-street parking for the project consists of nine (9) bay
parking spaces located at the front of the subject property. The renovated hotel will
reduce the overall number of guest units to eight (8) and any traffic generated by the
proposed use will be insignificant to the streets and highways.
30
Planning Commission Resolution No. 6611 February 8, 2017
Case 5.1404 CUP— Epic Hotel—275 East Tamarisk Road Page 3 of 3
5) That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
-- welfare and may include;minor modification of the zone's property
development standards.
-The proposal_ is._to renovate an existing apartment complex into an eight (8) unit
boutique hotel with kitchens. Conditions of Approval have been included in the
attached Exhibit A to ensure that the use operates in a manner which protects the
public health, safety and general welfare and protect the historic resource. These
conditions include compliance with the City's Zoning Ordinance and other necessary
requirements.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 5.1404 — CUP, a Conditional Use Permit to
allow a hotel to contain more than ten (10%) percent of the units with kitchens located
at 275 East Tamarisk Road, subject to the conditions set forth in the attached Exhibit A.
ADOPTED this 8" day of February, 2017.
AYES: 7, Vice-Chair Weremiuk, Chair Calerdine, Commissioner Donenfeld,
Commissioner Hirschbein, Commissioner Hudson, Commissioner
Lowe, Commissioner Middleton
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
F nn Fagg, AICP
Director of Planning Services
31
EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held February 8,
2017, the Planning Commission took the following action:
2B. SUNLIGHT PEAK LLC. (DBA: "EPIC HOTEL"), FOR A CONDITIONAL USE
PERMIT (CASE 5.1404 CUP) TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO
CONTAIN KITCHENS LOCATED AT 275 EAST TAMARISKAIPAD, ZONE R-3 (GM).
(CASE 5.1404 CUP)
Associate Planner Mlaker provided an overview of th 0 otel as outlined in the
staff report.
Technical Questions:
Vice-Chair Weremiuk commented and/or ve
• Removal of housing units (vacation re a ndominium conversion) and
tenant protection.
• Recent policy from the C' cil regar he preservation of apartment
units.
• Noticing requirements for resi S.
• Is State relocation able for inc ts.
• Accessibility re for this
Commissioner H ein verifi
• What is the t of li numb f kitchens?
Commis . enfe ied:
ode m
Cha erdine opene pub aring:
JIM CIO roject are ct, confirmed the ADA accessibility of the units. Mr. Cioffi
stated that t rtmen use is dilapidated (at least of the units are inhabitable) and
has issues wi ity. He clarified the use is a boutique hotel and not a
condominium con
There being no further speakers the public hearing was closed.
Commissioner Middleton said the project is very impressive and asked about
conformance to the Housing Element of the General Plan. She verified: the number of
units that are inhabitable, tenant changes made to the units, and notification of the
conversion to the existing tenants.
31
Planning Commission Minutes-Excerpt
City of Palm Springs
February 8,2017
Vice-Chair Weremiuk thinks the project is beautiful; however, she noted concern about
the loss of rental housing and would like to forward to the City Council for review.
ACTION: Approve with Conditions; subject to:
1. Provide a sixty (60) day notice of intent to convert ap ment complex to hotel
for all current tenants.
2. Property owner to provide Tenant Assistance upants as stipulated in
Section 9.62.020(F) of the Palm Springs Municip
s•_
I, TERRI HINTZ, Planning Administrative Coo or for the f Palm Springs,
hereby certify that the above action was tak Planning Commi of the City of
Palm Springs on the 8" day of February, 2 y the folio ing vote:
AYES: Chair Calerdine, Vice-Cha Commissioner Donenfeld,
Commissioner 'rschbein, sioner Hudson, Commissioner
Lowe, Commi iddleton
NOES: None
ABSENT: None
Terri Hintz
Planning Administra o
2 33
218/20i7 9.62.020 rem class="W>Condaninium</em>conversion.
Paint Springs Municipal Code
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Title 9 SUBDMSION OF LAND
Chanter 9.62 MAPS
1 remove highlighting 1
9.62.020 Condominium conversion.
A. General Requirements. A tentative map, parcel map, or final map involving prospective conversion of one or
more existing structures or parcels into a condominium, stock cooperative,or any other form of community ownership,
shall be approved only if the proposed condominium use of the property will be in conformity with the general plan and
such conversion conforms to any other requirements or restrictions which may be adopted by the City Council by
ordinance dealing with the conversion of existing structures or parcels of land from rental units to community ownership;
and further, only if any structure, parcel, or design, if newly constructed as of the date of tentative map approval. could
be lawfully constructed in accordance with the applicable zoning regulations, building codes, and fire safety codes. A
tentative map shall be required for all conversions including those of fewer than five units or parcels except for
exceptions and exclusions set forth in the State Subdivision Map Act,
B. Application.
1. The sale of any portion of real property on one lot to different owners constitutes a division of property and
is subject to the provisions of the State of California Department of Real Estate, and the City's regulations for the
subdivision of land and/or units. No apartment building can be divided to allow the sale of individual units to more than
one buyer, without securing permission to convert the property.
2. Applications for the conversion to condominiums or similar forms of ownership shall comply with the
procedures set forth in this Chapter regarding Subdivisions and with the procedures specified in this Section.
C. Condominium Conversion Requirements. The conversion of apartments and community apartments to residential
condominiums may be permitted only if such conversions comply with the requirements of this Section.
I. The conversion shall be consistent with the Land Use F,lemenl and Housing Element of the Palm Springs
General Plan.
2. The conversion shall comply with all applicable zoning and property maintenance requirements, unless
otherwise specified in this Section.
D. Building Inspections. Community apartments shall be inspected by the Director of Building and Safely for
building or safety violations relating to plumbing, fire, housing, electrical, earthquake, and property maintenance codes
which may cause health or safety hazards to current or future occupants prior to the filing of an application for
conversion and corrective work required for fire exiting, fire extinguishers, smoke detectors, fire alarms and any other
corrective work shall be completed prior to approval of the final subdivision map. Furthermore, community apartments
shall be inspected prior to the initial sale of each converted living unit and a report of building deficiencies shall be
provided to the prospective purchaser of the respective living unit.
E. Tenant Notification. For all applications for conversion to condominiums, tenants shall be provided with
notifications in compliance with applicable State Law and this Chapter, including without limitation all notices of intent
to convert at least sixty(60) days prior to filing a tentative map. The City Council shall not approve the final map for a
subdivision to be created from the conversion of apartments and community apartments into condominium unless the
subdivider, owner,or applicant has certified that each of the tenants of the proposed condominium project has been
given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and
conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right
shall run for a period of not lcs than ninety days for rligiblc Tenants and one hundred Wanly days for Special Tenants
from the date of issuance of the subdivision public report pursuant to the California Business and Professions Code or
from the date of the notice,whichever is later,unless the tenant gives prior written notice of the tenant's intention not to
exercise such right. 34
h4:IMww.gcode.wIcotleslpW msprieWl 112
2/8/2017 9.62.020<em class="hir'>CondomnN 41em>conversion.
F. Tenant Assistance Payments, For all applications for conversion of apartments to condominiums, each eligible
tenant household shall be paid tenant assistance payments in compliance with applicable State Law and with the
provisions of this Subsection. There shall be no restrictions on the use of any Tenant Assistance Payment, including the
use of such assistance to exercise the tenants' right to purchase a unit within project under conversion.
1. An eligible tenant household shall receive an amount equal to two Months' Rent.
2. A special tenant household with one elderly or handicapped resident shall receive an amount equal to
three Months'Rent.
3. A low income special tenant household shall receive an amount equal to three Months' Rent,
4, A low income special tenant household with an elderly and handicapped resident or residents shall receive
an amount equal to four Months' Rent.
G. Rent Increases Prohibited. An Eligible Tenant household's rent shall not be increased during the pendency of an
application for a condominium conversion measured from the date of the Notice of Intent to Convert to the date of
recordation of the final subdivision map or any longer period of time as may be provided by agreement between the
subdivider, owner, or applicant with the Eligible Tenant.
H. Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or
lease under which the subject unit is occupied, shall have not less than 90 days in the case of an Eligible Tenant and not
less than 120 days in the case of a Special Tenant after the date of the tentative map approval by the City or until the
expiration of the tenant's lease or the recordation of the final subdivision map, whichever is longer to find substitute
housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time
after the filing of a conversion application. (Ord. 1878 § 5, 2015, Ord. 1620 § 3, 2002: Ord. 1410 § 7, 1992: Ord. 1145 §
1, 1981: Ord. 1125 § 2, 1981)
View the mobile version.
35
http:pwww.gcode.usteodes/palmspfirgsl 212
EXCERPT OF MINUTES
At the Architectural Advisory Committee meeting held on January 17, 2017 the
Architectural Advisory Committee took the following action:
SUNLIGHT PEAK LLC. (DBA "EPIC HOTEL"), FOR A MAJOR ARCHITECTURAL
APPLICATION FOR THE RENOVATION OF AN EXISTING APARTMENT BUILDING
TO AN EIGHT (8) UNIT BOUTIQUE HOTEL WITH KITCHENS LOCATED AT 275
EAST TAMARISK ROAD, ZONE R-3 (CASE NO. 3.2374 MAJ) (GM)
Associate Planner Mlaker presented the project.
JIM CIOFFI, project architect, provided details and was available for questions.
Technical Questions:
Member Fredricks questioned the color/material of interior privacy walls and suggested
changing the Ligustrum to a more drought tolerant material.
Member Secoy-Jensen questioned if the windows are metal - (yes) and verified parking
requirement.
Member Rotman asked if the front fascia will be maintained the same - (yes).
Member Secoy-Jensen spoke in support of the project.
Member Fredricks suggested Thevetia as an alternative to Lisgustrum.
ACTION: Approve as presented.
MOTION: Vice-Chair Fredricks, seconded by Member Secoy-Jensen voted B-0-2
(absent Cassady/Lockyer) to approve as submitted.
I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs,
hereby certify that the above action was taken by Planning Commission of the City of
Pa rings on the 17" day of January, 2017, by the following vote:
Terri Hintz
Planning Administrative Coordinator
39
16 - 505889
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Secretary of Stets
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