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HomeMy WebLinkAbout24787RESOLUTION NO. 24787 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN APPEAL FILED BY LEGACY PALMS SPRINGS, INC, AND OVERTURNING THE PLANNING COMMISSION DENIAL OF A ONE (1) YEAR EXTENSION OF TIME FOR A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT A THREE-STORY, ONE HUNDRED FOURTEEN (114) BED ASSISTED LIVING FACILITY WITH ACCESSORY COMMERCIAL USES LOCATED AT 1000 NORTH PALM CANYON DRIVE. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Legacy Palm Springs, LLC ("Applicant") filed an application with the City, pursuant to Section 94.12.00 of the Zoning Code, for an extension of time for the entitlement associated with Case No. 5.1237 PD 357, for the construction of a three-story, one hundred fourteen (114) bed assisted living facility and accessory commercial uses located at 1000 North Palm Canyon Drive, zone PD 357 ("the Project"). B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the project was given in accordance with applicable law. C. On March 11, 2020, the Planning Commission held a public hearing to consider the Project in accordance with applicable law, and carefully considered all of the evidence presented in connection the extension of time request, including but not limited to the staff report and all written and oral testimony presented at the meeting, and voted 5 to 2 to deny the request. D. On March 12, 2020, the Applicant filed an appeal of the Planning Commission decision to deny the time extension, in accordance with the procedures in Chapter 2.05 of the Palm Springs Municipal Code (PSMC). E. On July 23, 2020, the City Council of the City of Palm Springs, California, held an appeal hearing on the Planning Commission's decision to deny the Project, in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project including new evidence regarding the nature of a joint venture between the longtime landowner and with Evolution Strategic Partners to develop and construct luxury assisted living facilities, and a national assisted living operator named Frontier Management, plus but not limited to the staff reports, and all written and oral testimony presented. F. A time extension request is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"). A Mitigated Negative Declaration was previously adopted pursuant to Section 15332 when the project was originally approved Resolution No. 24787 Page 2 on November 22, 2011. A subsequent environmental assessment for the time extension request is not necessary since the circumstances surrounding the project have not changed. G. The City Council makes the following Findings for an Extension of Time as outlined in Section 94.12.00 of the Zoning Code, based on specific evidence as described after each finding: 1. The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered. The subject property is designated "High Density Residential" by the General Plan Land Use Map. The High -Density Residential designation is described as "development in this category would include duplexes, townhomes, and apartments up to 30 dwelling units per acre." The proposed assisted living facility, including accessory commercial, will remain consistent with the residential designation, and support the City's desire to provide housing for seniors. 2. The findings made in support of the original approval remain valid and are still appropriate. When approving the Major Architectural Application in 2018, the Planning Commission adopted Resolution # 6668. The project's layout, design and overall scope have not changed, and the proposal remains compatible with existing developments on -site and in the surrounding areas. Thus, the findings made in support of the original approval remain valid and appropriate and this finding has been met. 3. There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA); There have been no significant changes to the surrounding area negating the previous CEQA determination. The areas surrounding the development site remain built out with commercial, hotel and multi -family residential complexes on all sides of the subject site. There is no new information available to negate the appropriateness of the project, nor is there new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under CEQA. This finding has been met. 4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title. The site remains a vacant open parcel and has been treated with a chemical Resolution No. 24787 Page 3 sealant that suppresses dust particles from becoming airborne. There are no active code enforcement cases for the vacant parcel, and the owner has maintained the site in a reasonable clean and debris free state and this finding has been met. 5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period. The applicant states that significant progress on equity and debt financing allowing the design, permits, and construction to proceed will occur within the extended one-year. Legacy Palm Springs, LLC as the owner has brought on Evolution Strategic Partners, LLC as a development partner/builder with years of experience on construction in Southern California, in addition Frontier Management will be the operator of the assisted living facility. Marketing and feasibility studies have been conducted for all operating income and expenses. Therefore, efforts to advance the project and begin construction have been convincingly made. This finding can be met. 6. The applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre- payment of impact fees or submittal of permit applications. The applicant has not paid impact paid fees nor submitted for permit applications however progress has been made through securing a bed count clarification with the City early last year with the anticipation of patient beds to be for memory care patients/residents. The City determination and efforts made by the developer to provide extra care for elderly residents resulting in a 114-bed facility is needed to service the residents and demonstrates reasonable efforts to advance the project. In addition a joint venture was formed with an operator, an initial market study and internal feasibility study was performed, and additional time is needed to finish financing, plans and permits in order to break ground. 7. Extenuating circumstances, not within the applicant's control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period. The applicant states that the necessary assisted living operator, developers, general contractor, and related design consultants have been hired and have made progress on the necessary financing to proceed within the extension period. The City has received letters from the applicant describing the new relationship between the landowner and new operators of the assisted living project. Thus, the finding can be met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: Resolution No. 24787 Page 4 SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council overturns the Planning Commission decision to deny an Extension of Time application Case No. 5.1237 PD 357 for a one-year Extension of Time for the construction of a 114 bed assisted living facility located at the operation of cannabis manufacturing, cultivation and distribution facility within an existing industrial building totaling 8,740 square feet located at 1000 North Palm Canyon Drive. ADOPTED THIS 23rd DAY OF JULY, 2020. David H. Ready City Manager A AT ST: A thony J. M M City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24787 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 July 23, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ZC14�- day of A4j'_ tea- 2a Zee A ony J. M ji , City Clerk