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DATE: April 2, 2008 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1740, RELATING TO THE ESTABLISHMENT OF LAND USE
REGULATIONS FOR CONDOMINIUM HOTEL PROJECTS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1740.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1740, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 93.15.10 TO, AND AMENDING
SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE
ESTABLISHMENT OF LAND USE REGULATIONS FOR CONDOMINIUM HOTEL
PROJECTS."
STAFF ANALYSIS:
At its March 19, 2008, meeting Ordinance No. 1740 was introduced by the following vote:
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Foat,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
This report provides for the City Council to waive further reading and adopt the ordinances.
The ordinances shall be effective 30-days from adoption.
?mes Thompson David H, Ready, Esq.,
lerk City Manager
Attachments:
Ordinance No. 1740
Item No. 2 . D .
PROPOSED ORDINANCE NO. 1740
AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 93.15.10 TO, AND AMENDING SECTION 91.00.10 OF, THE
PALM SPRINGS ZONING CODE, RELATING TO THE
ESTABLISHMENT OF LAND USE REGULATIONS FOR
CONDOMINIUM HOTEL PROJECTS.
CityAttorney's Summary
This ordinance establishes a regulatory land use program for the review
and approval of Condominium Hotel projects in the City.
The City Council of the City of Palm Springs ordains:
Section 1. Section 91.00.10 is amended to add the following as new terms, in
alphabetical order, with the following definitions:
"Condominium Hotel" or "Condo-Hotel' means a commercial condominium
project with Units within a Hotel or Resort Hotel that are individually owned.
"Condominium Hotel Unit" or "Condo-Hotel Unit' means any Unit within a
Condominium Hotel. A Condominium Hotel Unit is a commercial use and therefore
may not be considered a permanent residence.
"Condo-Hotel Unit Owner" or "Unit Owner" means an individual, group of
individuals, or other entity that acquires any ownership interest in, and holds title to, one
or more Condominium Hotel units.
"Condominium Hotel Manager" means a single qualified professional
management entity to maintain and operate the Hotel or Resort Hotel.
"First Class Hotel Standard" means a standard of physical features of and
operational (service expectations) aspects for a hotel or resort hotel that meets or
exceeds the criteria established for the American Automobile Association ("Association")
"four diamond" or "four star" properties. Should this Association cease to exist or to
publish physical and/or operational criteria, for hotels, or where otherwise necessary to
further the purposes of this Chapter, the Director of Planning Services may utilize a
similar set of criteria that he or she finds will meet the intent of this definition. The First-
Class Hotel Standard shall also include, without limitation, operation of the hotel or
resort hotel on a seven day a week basis, with sufficient room service, housekeeping
(including housekeeping of the individual units), food and beverage service, concierge,
parking, bellman, banqueting, and meeting services.
"Personal use" means the use or occupancy of a unit by a Condo-Hotel Unit
Owner, or by a guest of a Condo-Hotel Unit Owner, or when a guest of a Condo-Hotel
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Unit Owner does not rent and pay for a Condo-Hotel Unit through the Condominium
Hotel Manager or entity approved by the City pursuant to Section 93.15.10, provided,
however, that no provision herein shall be deemed to permit a timeshare, fractional, or
other vacation ownership unit.
"Transient, Short Term" means a person who is receiving accommodations for a
price, with or without meals, for a period of not more than twenty-eight (28) continuous
days in any one (1) year, as described in Chapter 3.28 of the Palm Springs Municipal
Code.
"Short Term Transient" means the same as "Transient, Short Term."
Section 2. Section 93.15.10 is added to the Palm Springs Municipal Code to
read:
93.15.10 Condominium Hotels
A. Purpose.
The specific purposes of this Section are to implement General Plan goals
and policies; to provide sufficient hotel rooms to support the use of the City's convention
and conference center facilities; to protect the residential housing supply; to assure that
Condominium Hotel projects are conditioned upon development approval in such a way
as to ensure appropriate public health, safety, welfare and land use classifications and
standards; to mitigate potential impacts of Condominium Hotels on traffic congestion,
parks, and recreation, air quality, building design and safety, police, fire and emergency
services; to assure the provision of other adequate public facilities; to provide hotel and
resort hotel developers flexibility in the financing of new hotel and resort hotel projects;
to prohibit conversion of existing hotels and resort hotels to Condominium Hotels; and to
provide the City with appropriate regulation of licensing, taxation, operation, and
ownership-
B. Zones in Which Condominium Hotels are Permitted; Planned
Development District Application Required.
A Condominium Hotel shall be permissible only in such zones and at such
locations therein where a hotel use or resort hotel use would be permitted. Before an
application for a Condominium Hotel may be approved, a Planned Development District
application shall be prepared and adopted for the property on which the Condominium
Hotel will be located and shall include a comprehensive land use plan that complies with
the goals and policies of the General Plan and the requirements of this Section. The
Planned Development District application shall include such components and elements
necessary or appropriate to ensure the provision of services and improvements and the
payment of fees, charges, and/or assessments to offset any negative or adverse
financial or fiscal effects on the City or the City's ability to provide services to the
project, neighboring properties, and the City as a whole. In approving a Planned
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Development District for a Condominium Hotel, the Planning Commission may impose
reasonable conditions of approval. A Tentative Tract Map may also be submitted for
approval with the Planned Development District application.
C. Findings Required.
In approving a Planned Development District for a Condominium Hotel,
the Planning Commission shall make the following findings:
1. CC&Rs and/or other documents satisfactory to the Director of
Planning Services and City Attorney will be recorded to ensure the
long term maintenance and operation of the Condominium Hotel in
accordance with this Chapter and the terms of any permits or
approvals issued for the Condominium Hotel and to provide notice
to future purchasers of the City's right to enforce the CC&Rs and/or
other documents, this Chapter, and the terms of any permits or
approvals issued for the Condo-Hotel.
2. The proposed Condominium Hotel does not involve the conversion
or the replacement of a hotel, resort hotel, or hotel or resort hotel
units, constructed on or before July 1, 2007.
D. Condominium Hotel Regulations.
It is the intent of this Section to ensure that Condominium Hotels are
operated and governed in substantially the same manner as hotels and or resort hotels.
The provisions of this Section are designed to protect and preserve the density
requirements mandated in districts where hotels and resort hotels are allowed, as well
as preserving future land uses for short term transient accommodations made available
to the general public, visitors, and tourists. The regulations in this Section are intended
to ensure that the land use and business operation of Condominium Hotels remain an
exclusively commercial enterprise. The provisions of this Section are in addition to the
regulations relating to hotel or resort hotel development found elsewhere in the Zoning
Code.
1. All units in a Condominium Hotel may be used only for Short Term
Transient accommodations.
2. Licensing will be required of all Condominium Hotels through all applicable
state and local agencies. All licenses must be kept current.
3. A unified management operation shall be required as an integral part of
the Condominium Hotel for all activities.
A. There shall be a lobby/front desk area where all guests and Condo Hotel
Unit owners must register with the hotel Operator upon arrival and
departure, as in a hotel or resort hotel.
5. There shall be a uniform key entry system operated by the Condominium
Hotel Manager to receive and disburse keys for each Condominium Hotel
Unit.
000904
5550211 Page 3 of 8
6. There must be one central telephone system operated by the
Condominium Hotel Manager in order to access each Condominium Hotel
Unit.
7. All Condo Hotel Units shall be subject to the provisions of Chapter 328 of
the Palm Springs Municipal Code relating to the imposition and collection
of transient occupancy taxes. Each Condo Hotel Owner that allows the
rental of his Condo Hotel Unit, either individually, through a rental agent,
or through participation in a rental program, is subject to the provisions of
Chapter 328 of the Palm Springs Municipal Code. The per diem
Transient Occupancy Tax constitutes a lien by the City of Palm Springs
and the City has the right but not the duty to foreclose on a Condo Hotel
Unit for non-payment of taxes due.
8. Use of a Condo Hotel Unit arising out of an exchange program with an
affiliated hotel property or the redemption of brand-related rewards or
loyalty points shall be subject to transient occupancy tax per Municipal
Code Chapter 328 based on the equivalent daily rental value for that
room exchanged free of charge or otherwise reduced in the program.
Such use shall not be considered personal use by the Condo-Hotel
Owner.
9. Condo Hotel Units shall not be used for homesteading purposes, home
occupational licensing, voter registration or vehicle registration.
10. As a commercial use, Condominium Hotels are to be entitled under the
Hotel land use standards in any zone that allows the development of a
hotel or resort use; included in these standards are density, parking
standards, payment of in-lieu park fees ("Quimby" fees), and assessment
of the public safety Community Facilities District.
11. Nothing in this Ordinance allows for the creation of time-share or fractional
interests in any Condo Hotel Unit,
12. All Condominium Hotels must have approved signage viewable by the
general public designating the property as a hotel or resort hotel.
13. A Condo-Hotel Unit may be used for Personal Use of the Condo-Hotel
Unit Owner. Such Personal Use shall not exceed 75 days in any
consecutive 12 month period nor shall a Condominium Hotel Unit be
occupied by a Condo-Hotel Unit Owner for more than 28 consecutive
days. Owners may delegate their right of use and occupancy directly or
through an exchange program. At all other times, units shall be used for
Short Term Transient occupancy purposes only. If a Condo Hotel Owner
exceeds the 75 days of Personal Use restrictions described in this
Paragraph, the Owner shall be subject to an assessment for each day in
excess thereof payable to the City in an amount as the Council may adopt
and amend by resolution or as may be otherwise addressed as a condition
of approval at the time of the planned development district approval.
14. Each Condo-Hotel Unit Owner, the owners' association, and
Condominium Hotel Manager or any other rental entity shall maintain and
regularly make available to City such information, books, records, and
documentation, and also shall allow reasonable access to individual units,
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as the City finds necessary to have or review in order to ensure that City
may determine the Condominium Hotel's compliance with this Chapter
and other applicable City laws, regulations, project conditions, and
mitigation measures. The original and every subsequent Condominium
Hotel Manager or other rental entity renting Condo-Hotel Units shall
immediately advise the Director of Planning Services of its name,
qualifications, address, telephone number, and the name of a contact
person.
15. Any change or amendment to the CC &Rs shall require the approval of the
Palm Springs City Council.
16. An owners' association shall be established to govern, maintain, and
operate the Condominium Hotel and its services including but not limited
to housekeeping for all public areas (including lobby and hallways), front
desk, concierge services, and other hospitality services as provided in a
hotel or resort hotel and in accordance with CC&Rs satisfactory to the
City. The CC&Rs, as well as other relevant documents, shall require all
portions of the Condo-Hotel including, but not limited to, landscape and
open space areas; lobby; hallways; parking; banquet/ballroom facilities;
conference; restaurant; retail; parking; recreational; and spa facilities; and
other amenities and improvements (collectively "amenities"), as well as the
individual Condominium Hotel units, their furniture, fixtures, equipment, to
be maintained and operated in accordance with First Class Hotel
Standard.
17. The CC&Rs shall require the owners' association to hire a single qualified
professional management entity to maintain and operate the Condo-Hotel.
The initial management entity shall have at least five (5) consecutive years
of experience in the hotel management business in hotels that meet the
First Class Standard and have at lease five other properties (nationally or
internationally) under current management. The City shall be provided
appropriate documentation to demonstrate that the management entity
meets the requirements of this Section. The City Council may modify the
experience standards for the initial management, or any subsequent
management entity upon finding that the management entity has
substitute experience meeting the interests served by the standards. The
CC&Rs shall give the owner's association and management entity the
right, power, and obligation to enforce the First Class Standard including,
without limitation, the right to enter any portion of the Condominium Hotel,
including individual Condo-Hotel units, and cure any failure to meet the
First Class Standard. The management entity shall offer transient rental
services to all Condo-Hotel Unit Owners.
18. The CC&R"s shall give the Condominium Hotel Manager the exclusive
right to provide to the Condominium Hotel, the property, and to Unit
Owners, lessees, and other occupants, any or all "on property" services
commonly provided at First Class Hotels, restaurants, and resorts,
including without limitation, reservation programs, maid and housekeeping
services, maintenance, laundry and dry cleaning, room service, catering
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565021 1 Page 5 of 8
and other food and beverage services, massage, and personal training
and other spa services. The use of such services, if offered, shall be
conditioned upon payment of such charges or fees as may be imposed on
Unit Owners or hotel guests by the Condominium Hotel manager. The
CC&Rs shall include mandatory and uniform maintenance requirements
for Condo-Hotel Units. The owners' association and its designees shall
have the exclusive right to restrict and control access to any and all
shared facilities within the Condominium Hotel, provided the same does
not restrict a Unit Owner's right of access to its own Unit. The
Condominium Hotel Manager shall monitor and document the use of each
and all of the Hotel Units.
19. All Condominium Hotels must have customary daily maid services, back of
house services, and other hospitality services.
20. In addition to any other prohibition at law, including, without limitation, any
other provision of the Palm Springs Municipal Code or the Zoning Code,
Condominium Hotels and/or Condo-Hotel Units shall not be converted to
any other use without the approval of the City Council,
Section 3. The City Council has, as a result of its consideration and the evidence
presented at hearings on this matter, determined that, as required pursuant to the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, that this
Ordinance is an enabling Ordinance that recognizes Condominium Hotels are primarily
a commercial use. This Ordinance allows new Condominium Hotels on property
previously zoned for resort hotel and/or hotel uses and nothing in this Ordinance allows,
permits, or in any way authorizes new or expanded uses beyond those permitted under
those provisions of the Zoning Ordinance in existence at the time of the adoption of this
Ordinance. On the basis of this review, the City Council finds that there is no evidence
from which it can be fairly argued that the approval of this Ordinance will have a
significant adverse effect on the environment.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED AND ADOPTED THIS DAY OF 2008.
AYES:
NOES:
ABSTAIN:
ABSENT:
STEVE POUGNET, MAYOR
MOO
5650211 Page 6 of 8
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
563021 1 Page 7 of 6
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on and adopted at a
regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
555021 1 Page 8 of 8
PROOF OF PUBLICATION This is space for County Clerks Filing stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen __________ .........
years,and not a party to or interested in the
abov"ntitled matter.I am the principal clerk of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been No 1195 cln.of Palm spring$
adjudged a newspaper of general circulation by the SUMMARY OF ORDINANCE NO.1729
Superior Court of the County of Riverside,State of AN ORDINANCE OF CITY OF PALM SPRINGS CAL-
California under the date of March 24,1988.Case IFORNIA, ADDING SECTION 9315.10 TO, AND
AMENDING SECTION 91,0010 OF THE PALM
Number 191236; that the notice,of which the TART SHMENT ZONING
CO D USE REGULATIONS O THE FCR
annexed Is a printed copy(set in type not smaller CONDOMINIUM HOTEL PROJECTS.
than non pariel,has been published in each regular CLWAtmmay_s_summe�
and entire issue of said newspaper and not In an This ordinance a��s a-regurfory lend use pro-
Y pram for tee review and approval of Condominium No.
sit pplement thereof on the following dates,to wit: lofp4octs in the CRy.
I JAMES THOMPSON City Clerk of the City of Palm
eh �prinpp5, Celifomla tip hureby cenlfy,nel Ordinance
April 1Z ,200$ No 1729 le a lull,true,and correct copy,and was In,
---�---�_�--_--`�- --W`��-_ traduced at a regular meellnpp of the Palm Spd2ps City
Council on December 12, 2007 Re-Inireduced at a
- 20D8,88nd aldoptednat d1 M,%UlaCourCmeetingonoj/lhehClry
Council held on Aprll2 2008"by the following vote:
All in the year 2008 AYES Counchmember Hutcheson,Councilmemher
Mille Councilmember Weigel, Mayor Pro Tern Foal,
and Mayof Po gnat.
1 certifyor declare under penalty of perjury that the NOES: Nona
( p Y p ] Y ABSENT None,
foregoing is true and correct. ABSTAIN :None.
James Palm
SprJags Clryry Clerk
dty of Palm Springs,Caldomie
Dated at Palm Springs,California this----15t1',—day Publl-had:4/12/2008
ot-------- April -----------,2008
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CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(D
OFFICE OF THE CITY CLERK
James Thompson, City Clerk
City Council
Meeting Date: April 2, 2008
Subject: Ordinance j1 q Inca \JA
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CIVIC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that summaries Ordinance Nos. 1729 and 1741, adopted by the City Council
on April 2, 2008, were published in the Desert Sun on April 12, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
1'�YaJ4U —
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF PUBLICATION
I, Cindy Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify
that a copy of the attached Notice was posted at City Hall, 3200 E. Tahquitz Canyon Drive,
on the exterior legal notice pasting board and in the Office of the City Clerk on or before
April 12, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
Cindy berardi
Deputy City Clerk
City of Palm Springs
SUMMARY OF ORDINANCE NO. 1729
AN ORDINANCE OF CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 93.15.10 TO, AND
AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS
ZONING CODE, RELATING TO THE ESTABLISHMENT OF
LAND USE REGULATIONS FOR CONDOMINIUM HOTEL
PROJECTS.
City Attorney's Summary
This ordinance establishes a regulatory land use program for the review
and approval of Condominium Hotel projects in the City.
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1729 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on December 12, 2007, Re-introduced
at a regular meeting of the City Council held on March 19, 2008, and adapted at a
regular meeting of the City Council held on April 2, 2008 by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None. - ---------
ABSTAIN: None.
Fnes Thompson, City Clerk
ty of Palm Springs, California
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