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Home My WebLink About1/19/2005 - STAFF REPORTS (15) DATE: January 19, 2005 TO: City Council FROM: Director of Planning Services CASE 5.1012 PD- 300, TTM 31104 —AN APPLICATION BY NEJAT KOHAN (SPANISH INN) TO RENOVATE THE HOTEL, CONVERT HOTEL TO CONDOMINIUMS AND CONSTRUCT A NEW CONDOMINIUM BUILDING LOCATED AT 640 NORTH INDIAN CANYON DRIVE, ZONE R-3, SECTION 11, APN 507183006. RECOMMENDATION: That the City Council uphold the Planning Commission decision on October 27, 2004 to deny without prejudice Case 5.1012 PD-300 and Tentative Tract Map 31104. CHRONOLOGY: The City Council met on December 1, 2004 and voted to continue the appeal of the Planning Commission decision. The applicant filed an appeal of the Planning Commissions decision on November 8, 2004. The Planning Commission met on October 27, 2004 and voted to 6-0 deny without prejudice Case 5,1012 PD-300 and Tentative Tract Map 31104; the renovation of the hotel, conversion of the hotel to condominiums and construction of a new condominium building, located at 640 North Indian Canyon Drive, Zone R-3, Section 11. SUMMARY: Staff has reviewed the DVD's of the Planning Commission meeting on October 27, 2004 and found the following: The Planning Commission met on October 27, 2004 a voted 6-0 to deny without prejudice Case 5.1012 PD-300 and Tentative Tract Map 31104. The Planning Commission heard testimony from the applicant, the applicant's architect and surrounding neighbors. The testimony focused on the positive aspects the project would bring to the neighborhood and the City. Staff recommended to the Planning Commission to deny without prejudice the proposed project, because the project did not meet all of the R-3 development standards (92.04.03) which must be met to convert and existing structure from non-condominium use to condominium use (Section 9.62.020 of the Municipal Code). The Planning Commission decision was based upon the requirements of Section 9.62.020 of the Municipal Code that governs condominium conversions and found that the proposed project did not meet the R-3 development standards as outlined in Section 92.04.03 of the Zoning Ordinance. Please refer to the December 1, 2004 City Council staff report for background, surrounding land use, analysis, environmental analysis and notification. ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution 3. December 1, 2004 City Council Staff report Director of Planning Services City Manager �k W F pALM Sn Department of Planning and Zoning E Vicinity Map ��'VV`' s VIA ALTAMIRA a z 0 x a Si e z y, GRAN VIA VALMONTE CITY OF PALM SPRINGS CASE NO.: TTM 31104 / 5.1012 PD300 DESCRIPTION: Application by Nejat Kohan to renovate the hotel, convert hotel to condominiums APPLICANT: Nejat Kohan and construct new condominium building. Located at 650 North Indian Canyon, R-3 Zone, Section 11. �rn � PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) h'€j STATE OF CALIFORNIA Comity of Riverside Nc.0782 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. TTM 31104 &5.1012 1 am a citizen of the United States and a resident of TENTATIVE TRACT MAP AND the County aforesaid;I am over the age of eighteen PLANNED DEVELOPMENT DISTRICT 300 years,and not a party to or interested in the SPANISH INN above-entitled matter.I am the principal clerk of a 650 NORTH INDIAN CANYON printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that the City Council COMPANY a newspaper of general circulation, of the City of Palm Springs, Califoui will hold a public hearing at its meeting of January 19,2005. printed and published in the city of Palm Springs, The City Council meeting begins at 7:00 p.m. In Countyof Riverside,and which newspaper has been the Council Chamber at City Hall, 3200 C Tah- gwtz Canyon Way, Palm Springs. adjudged a newspaper of general circulation by the The purpose of this hearing is to continue the Superior Court of the County of Riverside,State of Cityy Council meeting hearing from December 1, 2004 to consider an appeal of the Planning Com- California under the date of March 24, 1988.Case mission decision on October 27, 2004 to deny ' Number 191236;that the notice,of which the without prejudice the apphcatlen by Ngat Kahan � �) j for a Tentative Tract Map and Planned Develop- annexed is a printed co set in a not smaller them District to renovate the hotel, convert hotel 1 PY( type to condominiums and construct a new condomm- / than non pariel,has been published in each regular ium building,ection 11.located at 650 North Indian Canyon, and entire issue of said newspaper and not in any R-3 Zone, S supplement thereof on the following dates,to wit: Vr , „,;;°^°�^^"'^--'� January 8",2005 _ ____ ____ __ __________________---_ —------__--_ sue All in the year 2005 I certify(or declare)under penalty of perjury that the _ (- foregoing is true and correct. 1 \ I Dated at Palm Springs,California this----10"i day ET of-1-�- January-- 1n/ --l-L-----,2005 7 e exempt from environ-mental mntarewpursuant antSection 533 (In-Fill l fslorn mental QualityAcEQA, whereasthe proposed new construction meets the conditions outlined far In- Fill Development. Signature If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at,or pri- or to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regard-ing this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesda ayuda can esta carts,porfavor(lame a Is Ciudad de Palm Springs y these hooter con Nadine F eger telefonc (760) 323-8245. James Thompson, City Clerl< PUB. January 8. 2005 PALM O 1p city of Pal sp -r-Ings t _ Office of the City Cleric 3200 E.Tahqurtz Canyon Way ° Palm Springs, California 92262 CIt11:0?'VO' Tel: (760)323-8204 ' Pax: (760)322-8332 - Web- wwwo.palm-spnngs.m.us AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with TTM 31104 & 5.1012, to continue the City Council meeting hearing from December 1, 2004 to consider an appeal of the Planning Commission decision on October 27, 2004 to deny without prejudice the application by Nejat Kohan for a Tentative Tract Map and Planned Development District to renovate the hotel, convert hotel to condominiums and construct a new condominium building, located at 650 North Indian Canyon (Spanish Inn), R-3 Zone, Section 11, to each and every person set forth on the attached list on the 7th day of January, 2005. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (56 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 7th day of December, 2005. AMES THOMPSON t City Clerk Post Office Box 2743 ° Palm Springs, California 92263-2743 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. TTM 31104 & 5.1012 TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT DISTRICT 300 SPANISH INN 650 NORTH INDIAN CANYON NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of January 19, 2005. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to continue the City Council meeting hearing from December 1, 2004 to consider an appeal of the Planning Commission decision on October 27, 2004 to deny without prejudice the application by Nejat Kohan for a Tentative Tract Map and Planned Development District to renovate the hotel, convert hotel to condominiums and construct a new condominium building, located at 650 North Indian Canyon, R-3 Zone, Section 11. This project is categorically exempt from environmental review pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereas the proposed new construction meets the conditions outlined for In-Fill Development. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. %James Thompson, City Clerk 4 A-UM Department of Planning and Zoning w E u - w Vicinity Map ,.,., S cR�f FOR�'�p VIA ALTAM IRA z O z .0 `= Site v cs z 0 GRANVIA VALMONTE CITY OF PALM SPRINGS CASE NO.: TTM 31104 / 5.1012 PD300 DESCRIPTION: Application by Nejat Kohan to renovate the hotel, convert hotel to condominiums APPLICANT: Nejat Kohan and construct new condominium building. Located at 650 North Indian Canyon, R-3 Zone, Section 11. /= E5 Smooth Feed SheetsTM O�; 7Tk/ /!o Use template for 5160@ 505 286 001 505 286 002 505 286 003 San Macedomo Co San Macedomo Co San Macedomo Co 1874 S Pacific Coast Hwy#201 1874 S Pacific Coast Hwy#201 I 1874 S Pacific Coast Hwy#201 Redondo Beach, CA 90277 Redondo Beach,CA 90277 1', Redondo Beach,CA 90277 505 286 004 505 286 009 505 286 010 San Macedomo Co San Macedomo Co San Macedomo Co 1874 S Pacific Coast Hwy 9201 1874 S Pacific Coast Hwy#201 1874 S Pacific Coast Hwy#201 Redondo Beach, CA 90277 Redondo Beach,CA 90277 Redondo Beach,CA 90277 505 303 002 505 303 005 505 303 006 George&Wai ICwan Lew Rosenau Investments Inc Rosenau Investments Inc 700 N Pahm Canyon Dr 3403 Bechelli Ln#C 3403 Bechelli Ln#C Palm Springs, CA 92262 Redding, CA 96002 Redding, CA 96002 505 303 007 505 303 012 505 303 018 Rosenau Inveshments Inc Gitell Salvatore Bianco&Mark Liddy 3404 Bechelli Ln#C 45 Kavenish Dr 190 S Pahn Canyon Dr Redding, CA 96002 Rancho Mirage, CA 92270 Palm Springs, CA 92262 I 505 325 003 507 161 005 507 181 001 City Of Palm Springs Pamela Gughotta Felipe Cata1r`c Ec PO Box 2743 23 Saunders Ln 7841ydndiias?Canyon Dr Palm Springs, CA 92263 Ridgefield,CT 06877 Pahii SVfings, CA 92262 �I 507 181 002 507 181 004 507 181 005 Jack Cretney&Joseph Corbet James Claussen Jeffrey Keane&Barbara Keane 2537 N Whitewater Club Dr#C 333 Tamarisk Rd 367 Tamarisk Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 50718100�,,f r 507 181 007 507181008 Ruth PaQi las r M Bennett Puterbaugh Chester Watson 81G26u a Ave at PO Box 2511 292 E Via Altarmra W lie A 90605 Palm Springs, CA 92263 Palm Springs, CA 92262 a 507 181 010 507 181 Ol l 507 183 003 Movie Colony Hotel Llc Gordon&Laura Zlot Hormuz Rainy&Nelat Kohan 625 2nd St 001 2828 Canyonside Dr 18210 Sherman Way#205 Petaluma, CA 94952 Santa Rosa, CA 95404 Reseda, CA 91335 507 183 004 507 183 005 507 184 001 Randall Erickson Palm Springs Club Inc David Milot&Graham L Young 2292 N Vista Grande Ave PO Box 1034 327 B Via Altanura Palm Springs, CA 92262 1 Palm Springs, CA 92263 Palm Springs, CA 92262 507 184 002 507 184 003 507 184 010 Thomas Mulvey&Resarme Christensen Ronald&Susan Gillett Charles &Suzanne Lang III 349 E Via Altanura 3009 The Strand 388 E Valmonte Norte Palm Springs, CA 92262 Hermosa Beach, CA 90254 Palm Springs, CA 92262 /- AVERY® Address Labels i mcnr cocnTM "° Smooth Feed SheetSTM 77 of -3 i1 o yL Use template for 5160@ 507 184 011 507 184 013 1 507 186 001 Stanley&Hennhie Rosin Arthur Mcrnillan&Catherine Mcmillan Charles &Dorothy Thatcher 603 Ocean Ave 91E 330 E Vahnonte Norte Thatcher Aka Santa Monica,CA 90402 Palm Springs, CA 92262 PO Box 578 La Jolla, CA 92038 507 186 002 507 186 003 507 191 001 Earl Davis &Richard Greer Kenneth&Mary Lou Feenstra Mccarthy 359 E Valmonte Norte 385 E Valmonte Norte 330 E Valmonte Sur Palm Springs,CA 92262 Pahn Springs,CA 92262 Palm Sprmgs, CA 92262 I, 1 507 191 002 507 191 003 507 193 001 Susan Loversky&Joy Barba Joseph&Kendra Shelle Vera Gajitch 354 E Vahnonte Sur 384 E Valmonte Sur 333 E Valmonte Sur Palm Springs, CA 92262 Palm Sprmgs, CA 92262 Palm Springs, CA 92262 507 193 002 507 193 011 507 195 018 Mitzi Lowe William&Ehzabeth Wickham Cluff Donald W&Sheila T 355 E Valmonte Sur 330 E Via Colusa Cluff Palm Springs, CA 92262 Palm Sprmgs, CA 92262 122 E Ojai Ave Ojai, CA 93023 507 540 007 507 540 008 PIeavenstone Collections The Heavenstone Collections The 707 E Tahquitz Canyon Way#23 707 E Tahquitz Canyon Way#23 Palm Springs, CA 92262 Palm Springs, CA 92262 "011, OVFRVOO Acldracc I ahalc i ..,.- rncnTM , NEIGHBO,RHOODCO'ALITIOWSPONSOR MR BILL DAVIS AND SAND VERI'FICATION'LIST', MR PETER DIXON MS TRISHA DAVIS CITY COU,NC;IL 01:19'.05; TENNIS CLUB AREA TENNIS CLUB AREA CASE NO'. TTM'31'104" � 431 SOUTH MONTE VISTA DRIVE 555 WEST BARISTO ROAD#2C PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE,BAND,OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA HISTORIC TENNIS CLUB AREA INDIANS I 'I 1 '1 1 1 INDIANS 565 WEST SANTA ROSA DRIVE 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT CASE NO TTM 31095-5.0973 VERIFICATION NOTICE I I ATTN SENIOR SECRETARY MRS JOANNE BRUGGEMANS PO BOX 2743 506 W SANTA CATALINA ROAD PALM SPRINGS CA 92263-2743 PALM SPRINGS CA 92262 CASE NO. 5.1012-TTM 31104 MR. NEJAT KOHAN SPONSORS I I I PO BOX 2804 PALM SPRINGS CA 92263 CASE NO. 5.1012-TTM 31104 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE HISTORIC SITE REP 1 I I PO BIX 4738 PALM SPRINGS CA 92263-4738 't`l Continued-Planning Comm. to provid outlining basis for denial of a lic. for DATE: December 1, 2004 TO: City Council FROM: Director of Planning Services CASE 5.1012 PD- 300, TTM 31104 —AN APPLICATION BY NEJAT KOHAN (SPANISH INN) TO RENOVATE THE HOTEL, CONVERT HOTEL TO CONDOMINIUMS AND CONSTRUCT A NEW CONDOMINIUM BUILDING LOCATED AT 640 NORTH INDIAN CANYON DRIVE, ZONE R-3, SECTION 11, APN 507183006. RECOMMENDATION: Uphold the Planning Commission decision on October 27, 2004 to deny without prejudice Case 5.1012 PD-300 and Tentative Tract Map 31104. BACKGROUND: The Planning Commission met on October 27, 2004 and voted to 6-0 deny without prejudice Case 5.1012 PD-300 and Tentative Tract Map 31104 for the renovation of the hotel, conversion of the hotel to condominiums and construction of a new condominium building, located at 640 North Indian Canyon Drive, Zone R-3, Section 11. The applicant filed an appeal of the Planning Commissions decision on November 8, 2004. The proposed project site is known as the Spanish Inn Hotel and is located at 640 North Indian Canyon Drive. The proposal is to renovate building A (existing north building)for use as a hotel, to convert building B (existing south building) from hotel to condominium and to construct a new building C as condominiums. Section 9.62.020 of the Municipal Code (Condominium conversion) outlines the requirements for condominium conversions, 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. (Ord. 1620 § 3, 2002: Ord. 1410 § 7, 1992: Ord. 1145 § 1, 1981: Ord. 1125 §2 (part), 1981) A conversion from hotel use to condominium use would require that the existing property comply with all of the development standards according to today's Zoning Ordinance for the R-3 Zone and that it also be in compliance with the General Plan. ADJACENT LAND USES, GENERAL PLAN AND ZONING: Adjacent land uses are the following: General Plan zoning Land Uses torlh H43/21 R-3 Hotel H43/21, CBD R-3 Hotel L4 R-1-B Sin le-Famil Residences PR, RC O, R-3 Stevens Park, Multi-Family Residential ANALYSIS: The General Plan designation is H43/21 (High Density Residential); these areas are for both hotels and high-density apartments that primarily serve visitors. The objective of the High Density Residential is to allow for hotel and similar types of resort housing, while also allowing for multi-family residential and similar permanent housing. Therefore, the proposal would be consistent with the General Plan. Per section 9,62.020 of the Municipal Code; condominium conversions must meet all of the development standards of the Zoning Ordinance. The following provides a comparison of the R-3 Zone development standards with the proposed project: Development Standard Proposed Lot Area 20,000 Square feet 63,698 square feet Lot Width 170 feet 357 feel Lot Depth 175 feet 220 feet to 345 feet Density—Hotel 1 unit per 1,000 square feet 1 unit per 1,000 square feet Density- Condominium 1 unit per 2,000 square feet 1 unit per 2,000 square feet 23 Hotel Units, 20 23 Hotel Units, 20 Condominium Units Condominium Units Building Height 24 feet 24 feet Front Yard 30 feet 10 feet Side Yard 24 feet (Setback=Building 10 feet Hei ht Rear Yard 24 feet (Setback=Building 10 feet Hei ht Buildin Distance 15 feet 5 feel to 10 feet Building B is proposed for a condominium conversion from the existing hotel use. The new construction of Building C triggers an additional dedication along Indian Canyon Drive of 20 feet. This will create a front yard setback that is only 10 feet between the property line and existing hotel building. Building B does not comply with front yard setback, side yard setback, rear yard setback and building distance, and therefore does not meet all of the development standards of the R-3 Zone. The applicant has applied for a variance to the setback requirements of the R-3 Zone and building distance. However, Section 9.62.020 of the Municipal Code does not provide for exceptions to the Zoning Ordinance in the case of condominium conversions. Therefore, staff cannot recommend approval of the Variance request on the project as a condominium conversion. ENVIRONMENTAL ANALYSIS AND NOTIFICATION This Planned Development District and Tentative Tract Map is categorically exempt from environmental assessment pursuant to Section 15332 of the California Environmental Quality Act (CEQA). A Public Hearing Notice was published in the Desert Sun newspaper. All property owners within 400 feet of the project site have been notified of the public hearing. As of the writing of this report, staff has received a phone call from a concerned neighbor. AU/J Director of Planning Services City Manager y ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution 3. Copy of Applicant Appeal Letter s ' City of Palm Springs u` * * Office of the City Clerk * 14�Oaruna.v'q ° 3200 H,Taliquitz Canyon Way • Palm Springs, Califomia 92262 Tel-(760)323-8201 • Pax:(760)322-8332 • Web:wwwu, palm-springs ca us .14YFORN AFFIDAVIT OF MAILING NOTICES I, the undersigned Acting City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing regarding Case No. TTM 31104&5.1012, Tentative Tract Map and Planned Development District, to renovate the hotel, convert hotel to condominiums and construct a new condominium building, located at 650 North Indian Canyon,Zone R-3, Section 11,was mailed to each and every person set forth on the attached list on the 18th day of November,2004, A copy of said letter and attachment is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (46 notices mailed) I declare under penalty of perjury that the Foregoing is true and correct. Dated at Palm Springs, California, this 18th day of November, 2004. KATHIE HART, CMC Acting City Clerk Post Office Box 2743 • Palm Springs, California 92263-2743 NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. TTM 31104 & 5.1012 TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT DISTRICT 300 SPANISH INN 640 NORTH INDIAN CANYON NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of December 1, 2004. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an appeal of the Planning Commission decision on October 27, 2004 to deny without prejudice the application by Nejat Kohan for a Tentative Tract Map and Planned Development District to renovate the hotel, convert hotel to condominiums and construct a new condominium building, located at 640 North Indian Canyon, R-3 Zone, Section 11. This project is categorically exempt from environmental review pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereas the proposed new construction meets the conditions outlined for In-Fill Development. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760)323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. Kathie Hart, CMC Acting City Clerk r, r r. C, q ALM Department of Planning and Zonincgw '"� E "� h c V v � c Vicinity Map + VIA ALTAM IRA Site 5; x za +GRANVIA VALMONTE CITY OF PALM SPRINGS CASE NO.: TTM 31104/ 5.1012 PD300 DESCRIPTION: Application by Nejat Kohan to renovate the hotel, convert hotel to condominiums APPLICANT: Nelat Kohan and construct new condominium building. Located at 650 North Indian Canyon, R-3 Zone, Section 11. f J SPANISH INN, INC P.O. Sox 2804 Palm Springs, CA 92263 Date: November 24,2004 Kathie Hart Acting City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, Ca 92262 Re: No lice of Public Hearing for Spanish Imi Dear Kathie: Pursuant to our telephone conversation regarding the minor typo in the notice of public heating for Spanish Inn,please note that we have no objection to this minor issue and would like to hold the public hearing on the scheduled date of Wednesday December 1,2004 without delay. The typo in the address of Spanish Irm(650 N. Indian Canyon instead of 640 N. Indian Canyon)is so minor which does not make any confusion for the public. The name of the project" SPANISH INN"is on the top of the address and the public generally know this project by its name and not its street number. I appreciate your assistance in this matter. If you have any fialher question please feel free to call me at my cell phone#(760) 799-2964. Sincerely, .- Nejat Kohan Spanish lun � tin J ,tA ri to n n I S Yt A!� 1 Development �'°� � P t Architectural,5tudios 29-36o 5outn Laguna Drive All, CathedralCit9,California 9 3 - 22 9 rf jtudio Bone76o-322-6+77 rax760-322-6477 K. Cd 760-902-2432 ski�sooc�e��@�rita�nn Jwest.com November 8, 2004 Matthew Feske Associate Planner Department of Planning and Zoning 3200 E Tahquitz Canyon Way Palm Springs, California 92263-2743 760- 323-8245 and fax 760 322-8360 matthewft7a ci palm-springs ca us Re: Spanish Inn Zoning — Appeal to City Council the Decision of the Planning Commission Hi Matt, Please allow this Applicant for Spanish Inn to appeal the decision of the Planning Commission and maintain the submission for the Condominium Conversion from Hotel to Condominiums within Complex B and the three setback issues that require variances. Please accept these new labels and funds and schedule our hearing date as soon as possible. Policy Determination We ask that the City Council provide a policy determination regarding our request for the above-mentioned conversion. We ask that the Council allow the conversion of Complex B even though 100% of the setback issues are not in compliance as required. We feel that the City Council is better equipped to deal with the business side of our request and desire, as we do, that the Spanish Inn explores every possible opportunity to succeed. We feel that maintaining Complex B with its large square footages and full kitchens that the market is not strong enough to support their existing uses as a "boutique" hotel. The benefit to the City is that these units will be managed and operated as part of the hotel, thus providing the desired effect of a Transient Tax or Bed Tax that is soon to be increased to 12% with a couple years. We expect that many of the buyers of these 12 units are likely to be seasonal occupants and that they are likely to desire a return on their purchase through hotel activities. The benefit to the developer is that by selling Spanish Inn Appeal Letter these 12 units as Condominiums now; he will be able to reduce his debt, or recover costs incurred by massive renovation, that is now under way. The developer's loan is in place, however, without a determination, the lender will not release any more construction funds to continue the costs of renovation. The reason that the project is not under active renovation is not the choice of developer, it is by economic restrictions directed the lender. The lender does not want to "piecemeal" the project" because if the' conversion is turned down there is no certainty for a payback and for the project to service the resulting debt as a hotel. Hotels are risky. The Council should allow this property Owner to take every effort possible for the success of the Spanish Inn, not only as a business, but also as a viable historic member of the community. Neighboring Properties enjoy setbacks as we are asking for As you travel along Indian Canyon Drive, the front line of all the buildings from the Desert Shadows to Heaven Stone are of similar setback distance from the resulting street curb as would be the Spanish Inn. There would be approximately 15 feet of landscaping after the construction of 12 feet for street widening. In our situation, the old fence would move nearer the palm trees and still maintain it historic qualities. In addition, it is our understanding that the Desert Shadows is a project that converted hotel units to condominium units. The property owners along the two side yards for Complex A and B do not object these side yards not being 24 feet in response to the two story heights of these structures. Please keep in mind; these structures are very old and constructed prior to its neighbors. Sincerely, Skip Goodell Cc: Nejat Kohan—Spanish Inn Old —6 I�OE, k s 2lerot:dni1+u r a NVdw 7, 1 CITY GG PACM SPF'iNG5 i HOD Ry; CGUNTER G]GGGGE457i PAYGR: uPAN SN INN IDDAY'b VIM IVIR CP FEGIGTER DATE: 11/GGi09 7INLE: 16:35.,X( neFceIPTIGa PrfGLPfT AP'P'EVIL DMNIHH Ilan, $579AG ---------------- 7uTfaL Fl E. i THEW PAID. 070.00 CHECK NO. IM TUDERED; 55?B.iID I CNAiv'uEe �,nG I `N iov 29 04 11:00a Graham Young, REeTAX East +1 (425) 468-1350 p. l Noveinber 29,2004 :.F Kathie Bart Acting City Clerk 'City Council Palm Springs,CA. RE: 650 N. Indian Canyon Proposed Redevelopment Dear Members of the Council, We own two properties in The Movie Colony;327 Via Ahatnira and 375 Via Colusa. The proposed redevelopment of Spanish Inn is extremely detrimental to us and to this historic neighborhood. The original structure is a_marginal building-and is not condusive to being converted to condominiums. The lack of double wall construction,insulation,and the floor plan would lead to cheap quality units that would be bard to live in and resell. The proposed newbuilding would swallow up most o f the land left for gardens and.pool, and being such atall structure,would block the mountain views ofownem on Via Altamira and Via Chica.The parking and ingresslegress would also have a negative effect on the Movie Colony.Even if one of the proposed road closures was passed,the amount of cars associated with small condominiums with no parking garage,would swamp the neighborhood. The tower volume of vehicles associated with ahotel,where a family might travel together in one car is obviously less stressful than continuous occupancy. The wor derfid renovation.of-ilte"Colony-Palms"is what the neighborhood needs, not a mismash of old hotel rooms strung together as a condo unit,and new units with no facilities looking over an historic district. Page I of 2 Nov 29 04 11t00a Graham Young, RE/NAX East +1 (425) 460-1350 p.2 Page 2 of 2 RE: 650 N. Indian Canyon , Proposed Redevelopement The abandonment of the property for years and the resulting eyesore which has been hurting resale values,should not be rewarded by allowing an advantageous zoning change. The obvious use for the property would be to raze the present structure for a new townhouse project to be built, such as the Heavenstone collection on Colusa,or a smaller version of the Biltmore project in south Palm Springs. Thanking you for your attention to this matter,and(hopefully)for upholding your denial of the request for use change. Yours Sincerely, Cr�P FcCx\. /0�tJCO f� Graham Young l �r (206)854-8880 David M�dt (206)854-8000 �y O� PAL_ Sp ��u,\�,2 w City of Pain springs U " ®face of the City Ctetic R S. w RP�RpT��` 3200 Txhquitz Canyon Way • Palm Springs,CaliConva 92362 POP, TEL (760)323-8204 TDD (760)864-9527 TRANSMITTAL TO: Mayor and Members of the City Council David H. Ready, City Manager FROM: James Tho psi City Clerk �` DATE: January 14, 2005j RE: January 19, 2005 Public Hearing Item 17 Spanish Inn At the December 1, 2004 City Council meeting the Applicant provided several color photographs during his testimony. In your Agenda Packet, we have included a "black/white" copy of the photographs. If you would like to a complete set in color, please let me know and I will provide such. If you would like to just view the color, I can make arrangements at your convenience; or I will have the color copies available at the meeting. Thank you. Post Office Box 2743 ° Palm Springs, California 92263-2743 Mr. Ronald Oden Mayor, City of Palm Springs, CA Dear Mr. Mayor, As a homeowner of a residential property adjacent to the Spanish Inn, I respectfully request you uphold the decision of the Planning Commission and deny the above application. SETBACI<S & R-3 ZONE The property does not comply with the R-3 Zone, as outlined in See 9.62.020.To allow any variance to the applicant would be at the detriment to the neighborhood. The proposed project violates front yard, side yard, rear yard, and building distance. All of these variations are not in compliance with the R-3 Zone. VIOLATION OF SETTLEMENT AGREEMENT I would also Iike to remind you that the applicant is a master at manipulating the city. Under the settlement agreement dated December 2, 2003, the Plaintiff agreed to a schedule of performance attached as Exhibit fl.As you are aware, this agreement has not been followed, and the legal fees incurred by the city seem to have been wasted. LOSS OF BOUTIQUE INNS By allowing condominium conversion and construction of a new building, the council is also encouraging other small hotels to seek the more lucrative lure of conversion. The tragedy is with the Colony Palm, Movie Colony Inn, and Peppertree Inn, all recently refurbished, the ambience of boutique hotels and inns is well on its way to having another quaint area similar to the Tennis Club. ROAD CLOSURE Finally, there has been an ongoing discussion with the City Planner and City Manager to close Via Altamira, Via Cbica, and Via Valmonte to ease the traffic using the Movie Colony as a shortcut to the new Casino. If you insist on makingspecial exceptions to an individual that has continually hoodwinked the city, at least insist on the cost of Closing Via Altamira,Via Valmonte, and Via Chica being paid paid by the Applicant, not the Movie Colony Association. Yours sincerely, r (US Grahat Young i tr 'd OSET -89tr tSi�i') T+ Qse3 xuw/AN 12unoA wegeug dgs :io So 81 uer Mr. Chris Mills Councilman, City of Palm Springs, CA RE: Spanish Inn Conversion Dear Mr. Mills, At the December I" Council meeting, you were very enthusiastic about the proposed conversion from Hotel to Condominium and the construction of a huge new structure. R-3 ZONE As an owner of an adjacent property, 1 am very distressed at the idea of the Council overriding the Planning Council's denial of the conversion. The setback requirements are in the R-3 Zoning for obvious reasons, and were designed to protect neighbors like myself. LOSS OF BOUTIQUE INN Conversion to condominiums will significantly add to the traffic issues that are already plaguing the Movie Colony. By allowing the applicants changes, the council is also hurting the other owners of adjacent boutique hotels. The extensive work completed on the Movie Colony Inn, Peppertree Inn and the Colony Palms is creating an area of high-end Inns, similar to the Tennis Club area. Will the council now allow more conversions, resulting in the loss of hotel rooms, leading to less revenue to the city, and less use of local eateries? VIOLATION OF SETTLEMENT AGREEMENT As you are aware, the Plaintiff has continually forced the city to go to court to force him to adhere to the repairs as outlined in Exhibit A of settlement agreement#4819. By allowing him to quit repairs, the neighborhood has had to look at the derelict building. Even walking by is a scary thing as two huge Rottweilers hurl themselves at the fence. If you give in to his amendment of zoning code, I believe the city is on a slippery slope. Can I now decide to build into my property setbacks, if I allow my property to become an eyesore for years and then get rewarded by getting away with zoning variances? ROAD CLOSURE— MOVIE COLONY ASSOCIATIONT From your enthusiastic endorsement of his plan at the December 1 si council meeting, I think your mind is made up to allow the applicant to ignore the settlement agreement, violate setback riles to the detriment of residential neighbors, and move ahead to take a historic property and jam a huge structure on the open area that will loom over the neighbors. However, I know you were at the Movie Colony Association meeting last fall, held at the school. As you are aware, the road closure issue is of prime importance to the neighbors. Z "d OSET-BMi (S2i7) T+ a.se3 xuw/A ) 12unoA wegeig dSS :ti❑ So BT uer If you insist on voting to allow the applicant to convert and build, please make it a condition that he pays the cost to close Via Altamira, Via Chica, and Via Valmonte as outlined by the City Manager at that meeting. Yours sincerely, Graham Young CC: Joseph Gibbs, Attorney at Law r E 'd OSET-891r (Sev) I+ a.se3 xuw/3PJ 12unoA weyeuo d9S :bO 5O BT uer Jan 18 05 07: 05p Graham Young, RE/NRX East +l (425) 4GO- 1350 p. l To Whom It May Concern: I am opposed to this projects special approval for several reasons. Firstly, it is unfair to grant special exceptions for zoning, especially as this is apparently a reward for : allowing the property to fall into the derelict mess for which this property has been known for the past five plus years. Mr. Nejat Kohan's voluminous submittal to the city even includes pictures he has taken of his property piled high with garbage bags. What is he thinking? Please see attachment in council records. His being rewarded for holding the neighbors and the city hostage to this ongoing mess is an outrage. His sham of a renovation up until this point has fooled no one. Surely, this behavior cannot be rewarded. I feel his proposal to convert the pool site to condos would offer no advantage to the city or the neighbors. Short-term renters will not likely frequent local shops, restaurants and pubs, but are far more likely to simply load up on food and liquor at Costco and party down to the wee hours. There would be far more coming and goings and less supervision than exists with a hotel. His requests for variances to the zoning should be categorically denied. What good is a zoning law if there is no equal enforcement, no continuity, and no fairness? Would this body propose to reward every derelict property owner to the treat of zoning exceptions or of special deals? The neighboring properties, both to the east and west and across the street are all successful boutique hotels. The Colony Palms Hotel to the south is currently under substantial renovations at great expense to its owners, and it is being done in a very tirnely manner. 1 cannot understand why Nejat Kohan's property should be any different. The adjoining property to the east, the Movie Colony Hotel, has also recently undergone C I PCO f 1, Jan 18 OS 07: 05p Graham Young, RE/MAX East +1 (425) 468- 1350 p. 2 substantial renovations, which were also carried out in short order. The property immediately across the street, the Pepper Tree Hotel, last year reopened after a major rebuild. These boutique hotels provide a benefit to the city and the neighbors. The mixed use Nejat Kohan proposes is inconsistent with the neighborhood and an insult to the efforts and expense these other owners have gone to. The city would be better served to enforce it's own laws and have Kohan either do the renovation in a timely matter or tear down the unsightly hulk he has fostered and redevelop the entire site into townhouses such as what was done on the Biltmore property in south Pahn Springs. 1 believe Kohan intends to sell and only wants this special treatment to line his own pockets. As I have heard of his attempts to sell the property over the years to different outside developers. l heard one developer, Murray Franklin Group of Seattle, did contract for the property but turned it down on inspection due to seismic instability. 1 again urge you to deny any special exemptions for bad apples. Sincerely, David Milot 375 Via Colusa Palm. Springs, CA 92262 January 19, 2005 City Council Meeting (Continuation) Appeal Case Number 5, 1012 — PD-300 —TTM 3114 Spanish Inn 640 North Indian Canyon Drive Zone R-3, Section 11 APN 507-183-006 Alternative Resolution The RESOLUTION as written and found on Exhibit 17C, 17C2, a17C3 is acceptable except paragraph 2 of Section 2, a. should read: The PD application as submitted by the proposed project does allow, without the need for variances, to amend the zoning ordinance allowing for the setbacks as proposed with City Council approval. Legal Council for the City has indicated that the interpretation of the R-3 Zone (92.04.03) can go either way, thus has deferred to the Council for direction and interpretation. The Spanish Inn in on the Historical Sites List of 200 and is a Level 2 Historical Site, under the protection of the City of Palm Springs. There is a great deal of Palm Springs History that the Spanish Inn represents and it would be a loss to the community not to give this site every opportunity to be restored and a plan for economic survival. The Spanish Inn has been in bankruptcy under previous ownership and while it operated as a Hotel and apartment complex, mixed-uses history already exists. The traffic plan for the immediate neighborhood, as prepared by Jerry Ogburn, was acceptable by the community and appeared to deal with traffic issues to their satisfaction. There is no objection by the adjacent neighbors of the Spanish Inn, which, in fact, one neighbor; Randall Erickson signed a survey in support of the project. The Planning Commission could not support the application because the setbacks could not adhere to the R-3 setbacks, thus, this is an issue regarding policy, not the project itself. The Setbacks and the potential widening of Indian Canyon Drive of the neighboring properties for several blocks are consistent with the resulting setbacks as proposed by the Spanish Inn. These properties include those from the Heaven Stone Collection to the Desert Shadows Hotel and Condominium Projects. A full evaluation of the project illuminates only the setbacks as causes for denial and not the architecture. These setback issues are on the existing buildings, built long before the Zoning Ordinance, as we know it today, was written. The Spanish Inn must proceed through the normal process for approval including the Architectural Advisory Committee and the Panning Commission, and then back to the City Council for final approval. Final approval of this application will include the condition that the Applicant agrees to complete the restoration of Complexes A and B and construction of Complex C within a 2-year period as provided by the PD Application and that no extensions will be allowed. NOW, THEREFORE, BE IT RESOLVED that based of the foregoing, the City Council hereby overturns the Planning Commission decision to deny without prejudice and approves Case 5.1012 PD-300 and TTM 31104. ADOPTED this 191h day of January 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: 2 Kind Words spoken by the Council Members at the last hearing giving direction for the Spanish Inn: "We owe it to the history of the City to preserve the Spanish Inn." "The Peppertree Hotel was the worst, now look at it." "Someone out there must have the dollars to restore the Spanish Inn." "We are seeking TRUST," "The PD has a two (2) year approval" (To get the work done) "No extensions" "Get a piece of our history back here" "No doubt it needs a lot of work" "The Owners of the Spanish Inn have not been sitting...much has been done" "The Owners of the Spanish Inn have finally assembled a good team....Joe Luisi certainly knows what he is talking about." 3 . �4.. r tann1 tst )I � Fro ectDevelopment and ArchitecturJ 5t(1 65 29-3605outh Laguna Drive Cathedral City, California 92234 Fax 760-322-6477 Cell 76o-902-24�2 December 1, 2004 City Council Meeting Appeal Case Number 5, 1012 — PD-300 —TTM 3114 Spanish Inn 640 North Indian Canyon Drive Zone R-3, Section 11 APN 507-183-006 The Council is empowered to take action without a change in policy We submit to the Council this statement and outline providing justifications to approve the appeal application and to allow the Spanish Inn, as proposed, to continue through the PD-300 and TTM 3114 process. We ask that the Council approve our request for 3 variances as allowed by ordinance. According to the Zoning Ordinance 9.62.020 Condominium Conversion, the City Council may deal with the conversion of our existing structures in a manner consistent with zoning regulations, building codes, and fire codes. The City of Palm Springs allows and provide for Variances subject to the review of the City Council. Nowhere in ordinance 9.62.020 does it disempower the Council from making a judgment regarding the variances and their application to this conversion. 9.62.020 Condominium conversion. 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. (Ord. 1620 § 3, 2002: Ord. 1410 § 7, 1992: Ord. 1145 § 1, 1981: Ord. 1125 § 2 (part), 1981) Our variance application is reasonable Request for Variances is part of our application to address two side yards and our front yard along Indian Canyon Drive. Staff is willing to recommend approval of these three variances if we re-apply maintaining the existing hotel use of Complex B or if we desire, convert the hotel to apartments. Staff, including Alex Meyerhoff and Matthew Feske, both recommended that we provide notice to our neighborhood in addition to our application notices to identify any issues prior to public hearings. The applicant did ask requested by Staff and followed through with letters to every property owner and provided several meeting opportunities with the community. Staff's suggestion to contact the community directly is consistent with good planning measures and sent a signal to us that our application was reasonable provided the neighborhood was supportive. At no time did Staff's dialog with the applicant indicate that our partial hotel conversion to condominiums would not be a possibility. It was always up to the City Council. Support from the locals Responding to Staff's request, we have considerable community support from our neighbors and by many folks familiar with the Spanish Inn. In support— Randall Erickson Our neighbor to the southeast, Randall Erickson, of the Spanish Inn has signed a survey in FAVOR of the application. (See exhibit) In Support— Movie Colony, Diane Ahlstrom, Bob Evans, et al Additionally, representatives from the Movie Colony have written a nice letter requesting approval of the Spanish as submitted with a caveat to do it expeditiously. (See exhibit) Conversion to Apartments — not a good idea— Movie Colony We have discussed the prospects of conversion from a hotel to apartments but several parties rejected this option. Actually, this was only a rhetorical exercise in response to Staff's willingness to recommend approval for this option. (See letter from the Movie Colony) In Support—Jerry Ogburn Jerry Ogburn is working with the community and the Spanish Inn regarding streets closures and traffic flow. The Spanish Inn's portion of the improvements that he and the engineers outlined is over $100,000. The Spanish Inn and the neighborhood appear in favor of this new design. Additionally, Jerry wrote a nice letter to Staff indicating his support of the Spanish application. (Alex should have a copy of the letter, I do not have it to share and Jerry could not find his copy—dated approximately nine months ago) In Support— Mike Orlich During the Planning Commission Hearing, Mike Orlich a seasonal community member stood up spoke very eloquently in support of the application. In fact, afterwards, Mike introduced himself to us and indicated that he is interested in making an investment of one or more of the Inn's condominiums because of their location, design, historic quality, and likelihood for appreciation. 2 Neighbor with two concerns—Catherine McMillin — (answered) Our neighbor, Catherine McMillin, to the west of Complex "C", across Via Chica, felt that our new addition would block her views of the mountains from her side yard and felt that our traffic would hamper access to her driveway. In response to her concern we agreed, with Alex and Catherine, to lower our roofs one and one half feet Not in support— Pepper Tree Hotel across Indian Canyon Drive The owner of this property would like to see the Spanish Inn become a boutique Hotel, and stated that there is a market for this use. He had an opportunity to purchase the Spanish Inn years ago but he declined. To his comfort, even with the conversion, we are only talking about 12 condominium units and they will participate with and be managed by the 24-unit hotel. In Support — the balance of the property owners that did not respond to our letter and notices issued by the City There were over thirty property owners contacted regarding this application. Several vocalized no issues with the application and several did not reply, which in these issues, is generally supportive. The Whole Project is Under Hotel Management- (TOT) As proposed, all 24-hotel units, all the 8 new condominium units, and the 12 condominium units in Complex B will be managed by the Spanish Inn Hotel. Most the potential buyers for these units are seasonal dwellers and desire the purchase of these units as investments. Additionally, it is safe to claim that nearly all these buyers would enjoy any additional income generated from pooling their units with the Inn. In fact, the applicant-owner of the Spanish Inn property is furnishing all the units, including the condominiums to function as hotel units. The City will enjoy the Transient Occupancy Tax (TOT) by this management. Additionally, as condominium units, small properties, their combined values are likely to increase either faster and or at a greater value. The City will likely enjoy higher revenues from this relationship from ends, short-term tax revenues and long-term tax revenues. Risk Management is a Good Thing The Applicant or Property Owner, as well as the City, has an obligation to reduce his risk of failure wherever possible. By selling units in Complexes A and B, 20-units, the applicant is capable of reducing any property indebtedness. The bank may or may not like this idea, but to the Inn's management, reducing a monthly loan payment is a good thing. Keep in mind that hotel rentals are also seasonal. The success of the 24-unit hotel increases by having little to no debt and the potential for loss decreases. This is good business and the City should encourage folks to keep a fiscal attitude. Historically, the Spanish Inn failed twice, once as an ALL hotel project and once as a hotel and apartment project. (See two articles regarding the Inn's bankruptcies) Attitude and Commitment This applicant has completed a considerable amount of work resurfacing and repairing exterior walls in Complex B. The applicant has replaced and restored most of the windows (over 200) and roofing for existing Complexes A and B. He has a good loan with East West Bank. The bank is glad to fund the costs of construction, but it is insisting 3 that all approvals be in place. The building department is willing to issue permits to continue renovations of Complexes A and B, however, without construction funds released; the material suppliers and labor forces will likely be disappointed after completing their work. In the meantime, the applicant, Nejat Kohan, appears negligent in his work effort by his project remaining at an apparent standstill. I have stressed to Staff the importance of moving this project forward more rapidly because the bank is near canceling the their financing if there is no approval progress. (See the letter from East West Bank) Balance is Good Architecturally, the applicant is committed to upholding the historical qualities of the project. The Spanish Inn is a category 2 historical site. Construction costs, especially when it involves renovations to historical levels, are typically high, usually out of the realm of reality for a small hotel project. Unless hotel rental rates and occupancies are high, the Spanish Inn will always be behind the "eight-ball' depending on great markets. Doing his part The applicant is doing his part to bring the Spanish Inn to it highest potential. He is not asking the City for any money or for any subsistence. He wants to return the Spanish Inn to landmark status, be a great neighbor and a nice place to relax. Please resolve that this application as submitted is good for the City and give us an enthusiastic approval. Sincerely, / i;� Skip GO'ocWll architect 4 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA UPHOLD THE PLANNIG COMMISSIONS DECISION ON OCTOBER 27, 2004 TO DENY WITHOUT PREJUDICE CASE 5.1012 PD-300 AND TENTATIVE TRACT MAP 31104 TO RENOVATE THE HOTEL, CONVERT HOTEL TO CONDOMINIUM AND CONSTRUCT A NEW CONDOMINIUM BUILDING, LOCATED AT 650 NORTH INDIAN CANYON DRIVE, ZONE R-3, SECTION 11, APN 507183006. WHEREAS, Nejat Kohan ("Applicant') has filed an application with the City pursuant to Section 94.03.00 of the Zoning Ordinance for a Planned Development District and Section 9.63 of the Municipal Code for a Tentative Tract Map located at 650 North Indian Canyon Drive, Zone R-3, Section 11; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Case 5.1012 PD-300 and Tentative tract Map 31104 was given in accordance with applicable law; and WHEREAS, on October 27, 2004, a public hearing on the application for Case 5.1012 PD-300 and Tentative Tract Map 31104 was held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of the public hearing for Case 5.1012 PD-300 and tentative Tract Map 31104, the Planning Commission on October 27, 2004 voted 6-0 to deny without prejudice the application for Case 5.1012 PD-300 and Tentative Tract Map 31104; and WHEREAS, on November 8, 2004, the applicant filed an appeal of the Planning Commission decision in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the appeal of the Planning Commission decision on October 27, 2004 was given in accordance with applicable law; and WHEREAS, on December 1, 2004, a public hearing on the appeal of the Planning Commission decision of October 27, 2004 for the application for Case 5.1012 PD-300 and Tentative Tract Map 31104 was held by the City Council in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the appeal of the Planning Commission decision on October 27, 2004 was given in accordance with applicable law; and WHEREAS, on January 19, 2005, a public hearing on the appeal of the Planning Commission decision of October 27, 2004 for the application for Case 5.1012 PD-300 and Tentative Tract Map 31104 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Case 5.1012 PD-300 and Tentative Tract Map 31104 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development); and WHEREAS, the City Council 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. � 6 :n - THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: The City Council finds that this Planned Development District and Tentative tract Map is categorically exempt from environmental assessment per Section 15332 of the California Environmental Quality Act (CEQA) in that Section 15332 states that in-fill development of five acres or less is exempt from CEQA. Section 2: Pursuant to Section 9.62.020 of the Municipal Code (Condominium conversion) outlines the requirements for condominium conversions. a. 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. (Ord. 1620 § 3, 2002: Ord. 1410 § 7, 1992: Ord. 1145 § 1, 1981: Ord. 1125 § 2 (part), 1981) The proposed project does not comply with the development standards of the R-3 Zone (92.04.03); therefore the conversion to condominiums does not meet the requirements as outlined in Section 9.62.020 of the Municipal Code for condominium conversion. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby upholds the Planning Commission decision to deny without prejudice of Case 5,1012 PD-300 and TTM 31104. ADOPTED this the 19th day of January 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: