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CITY COUNCIL STAFF REPORT
DATE: July 30, 2008 CONSENT AGENDA
SUBJECT: VACATING, RESCINDING, REPEALING, AND OTHERWISE SETTING
ASIDE APPROVAL OF RESOLUTION NO. 21714 RELATING TO THE
PALM HOTEL
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The City Council will consider the adoption of a Resolution rescinding Resolution No.
21714 that approved the planned development permit for the Palm Hotel project.
RECOMMENDATION:
Adopt Resolution No. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, VACATING, RESCINDING, AND OTHERWISE
SETTING ASIDE APPROVAL OF RESOLUTION NO. 21714 RELATING TO A 51-UNIT
BOUTIQUE HOTEL AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON WAY
AND CAHUILLA ROAD (PALM HOTEL).
STAFF ANALYSIS-
On September 20, 2006, the City Council adopted Resolution No 21714
approving Planned Development District 322 for the development of a 51-unit boutique
hotel at the corner of Tahquitz Canyon Way and Cahuilla Road in the City of Palm
Springs, California (the "Palm Hotel"). Subsequent to the Council's adoption of this
Resolution, Advocates for Better Community Development initiated a lawsuit against the
City challenging the City's approval of the Palm Hotel on several grounds. The Superior
Court of Riverside County ultimately determined that the City Council did not make an
express finding relating to over-height structures as required under the City's Municipal
Code and issued a preemptory writ of mandate instructing the City to "set aside [its]
resolution approving the Palm Hotel project' . . . reconsider [its] action . . . and take any
further action enjoined on [it] by law . . .."
515167 1
ITEM NO. %i,
City Council Staff Report
July 30, 2008 -- Page 2
Resolution Rescinding Resolution
Relating to the Palm Hotel Project
The Court also specifically ruled that "nothing in this judgment or in [the] writ shall
limit in any way the discretion legally vested in [the City Council]. Thus, the City Council
has two options. First, the City Council can rescind its approval of the Palm Hotel
project and take no further action or, second, the Council could reconsider its approval
and adopt a new resolution approving the project that would include findings regarding
over-height buildings as required under the municipal code.
Staff would note that the site of the proposed Palm Hotel project is included in
the planning area for the Museum Market Plaza Specific Plan. As such, the property
will be subject to the complete legislative and environmental review that will be involved
in the Council's consideration of the specific plan. Staff, therefore, concluded that
recession of the approval of the Palm Hotel project would be the most appropriate
action.
FISCAL IMPACT-
There sh e no fiscal impact on the City.
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D uglas Hand, City Attorney
�717
David H. Ready, City Manager
Attachment: Proposed Resolution
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, VACATING, RESCINDING,
AND OTHERWISE SETTING ASIDE APPROVAL OF
RESOLUTION NO. 21714 RELATING TO A 51 UNIT
BOUTIQUE HOTEL AT THE SOUTHWEST CORNER OF
TAHQUITZ CANYON WAY AND CAHUILLA ROAD.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. On or about September 20, 2006, the City Council adopted Resolution No 21714
approving Planned Development District 322 for the development of a 51-unit boutique
hotel at the corner of Tahquitz Canyon Way and Cahuilla Road in the City of Palm
Springs, California (the "Palm Hotel").
B. Subsequent to the Council's adoption of this Resolution, Advocates for Better
Community Development initiated a lawsuit against the City challenging the City's
approval of the Palm Hotel on several grounds. The Superior Court of Riverside County
ultimately determined that the City Council did not make an express finding relating to
over-height structures as required under the City's Municipal Code and issued a
preemptory writ of mandate instructing the City to "set aside [its] resolution approving
the Palm Hotel project' reconsider [its] action . . . and take any further action
enjoined on [it] by law
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESOLVES:
SECTION 1. The City of Palm Springs hereby vacates, rescinds, and otherwise sets
aside approval of Resolution No. 21714 approving the Palm Hotel project.
SECTION 2. The City Attorney shall submit a copy of this resolution to the Superior
Court of Riverside County in satisfaction of the requirements of the peremptory writ of
mandate.
PASSED, APPROVED, AND ADOPTED THIS DAY OF 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
James Thompson, City Clerk
0006N
City of Palm Springs
Resolution No.
July 30, 2008
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. is a full, true and correct copy, and was adopted at a
regular meeting of the Palm Springs City Council on the day of
2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
568803 1