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HomeMy WebLinkAbout24640RESOLUTION NO. 24640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT PLANS OF A PREVIOUSLY APPROVED FINAL PDD TO INCLUDE CHANGES TO THE SITING OF FIVE RESIDENTIAL BUILDINGS AND CONVERT THE BUILDINGS TO CONDOMINIUM STRUCTURES; INCREASE THE NUMBER OF CONDO UNITS FROM 35 UNITS TO 40 UNITS; DECREASE THE NUMBER OF HOTEL UNITS FROM 170 TO 156 UNITS AND MAKE MINOR MODIFICATIONS TO THE FINAL LANDSCAPE AND EVENT SPACE PLANS OF THE DREAM HOTEL LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE PDD 333, SECTION 14. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. Selene Palm Springs, LLC, (the "Applicant") has filed an application with the City to amend the previously approved Planned Development District 333 and Tentative Parcel Map 35236 pursuant to the provisions of Section 94.02.00 (B) of the Palm Springs Zoning Code. B. The City Council of the City of Palm Springs last approved Planned Development District 333 (PDD 333), on June 7, 2017, for a 170-room hotel and 35-unit condominium units ("Amended Project"). C. The project applicant timely submitted a request for an extension of the Initial Project and applied for amendments to the PDD 333 and Tentative Parcel Map 35236 (TPM 35236) (collectively the "Amended Project"). D. On June 17, 2019, the proposed amendment to PDD 333 was reviewed by the Architectural Advisory Committee (AAC), and recommended approval to the Planning Commission subject to conditions. E. On June 26, 2019, a public hearing on the Amended Project was held by the Planning Commission in accordance with applicable law; the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the Amended Project including but not limited to the staff report, and all written and oral testimony presented and voted to recommend approval of the Amended Project to the City Council. F. The Amended Project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); a Subsequent Mitigated Negative Declaration was adopted for the project by the City Council on June 17, 2017. Resolution No. 24640 Page 2 G. An analysis environmental analysis of the amended project was conducted under the California Environmental Quality Act (CEQA) Guidelines and made a finding that pursuant to Section 15162 of CEQA, the preparations of a Subsequent MND, Addendum to the MND or further environmental documentation is not necessary because the proposed modifications to the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified effects. The most notable change to the amended project involves the relocation of the five condo buildings from the easterly portion of the hotel building to the northerly section of the hotel building and the addition of two 3-story structures. Compared to the 2017 project, there is now only one structure placed on the most easterly portion of the site adjacent to the Center Court development; the 2017 project had three structures in the same location. The two 3-story structures being proposed are located further west away from the Center Court development, thus view impacts will be limited. Furthermore, as a result of the relocation of the five units to the north, there is an increased distance between the Center Court units and the hotel complex. The landscape buffer between the amended project and the Center Court development remains unchanged. As compared with the 2017 project, the overall permitted height of the amended project remains consistent with the original approval and the height limitations of the Section 14 Specific Plan. The conclusions in the 2017 Addendum that the Project would have no impacts to the environment apply to the amended project. H. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources. I. The City Council has carefully reviewed and considered all of the evidence presented in connection with the Project, including but not limited to the staff report, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.03.00 of the City's Zoning Code. The City Council makes the following findings based on specific evidence as described after each finding: a. The uses, density and intensity of the proposed preliminary development plan are in conformance to the general plan land use designation for the site; The proposed amendment to Planned Development District 333 is consistent with the High Density Residential designation of the General Plan and the Section 14 Specific Plan designation of High Residential as amended, which represents the General Plan and Zoning for the property on which the project is located. b. The uses permitted under the proposed development plan are in conformance to the requirements listed in Section 94.03.00(D)(1), and are not detrimental to adjacent properties or residents; Resolution No. 24640 Page 3 The amended project consists of a hotel, residential and restaurant uses; the uses are consistent with the originally approved project at the site. As planned, designed and conditioned, is consistent with the Section 14 Specific Plan and the City of Palm Springs vision of the area for the future. The density and the overall size and scope of the project have been reduced; the site is physically suitable and appropriate for the proposed project given the close proximity to the Convention Center and the downtown area. The location provides sufficient access points for all uses proposed. c. The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(D)(2); The proposed amended project is not seeking any relief or deviations from the previously approved development and design standards of Planned Development District 333. The proposed amendments are relative to site reconfiguration and minor architectural changes to the residential and farmhouse buildings. The project is in compliance with all the development standards in term of the heights, setbacks and density. d. The site is adequate in size and shape to accommodate the density and/or intensity of the proposed development; The project site is 7.8 acres and large enough to accommodate the hotel development. The Amended Planned Development District made minor modifications to the development while maintaining the original intent and purposed envisioned for the site. All development standards such as setbacks, sidewalks, walls and fences are consistent with the development standards established by PDD 333 and the Section 14 Specific Plan. e. The site for the proposed preliminary development plan has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use, and the design for the site enhances or continues the city's existing grid in accordance with the Circulation Plan of the City of Palm Springs General Plan; The project proposes primary vehicular access to the public streets from North Calle Alvarado. There is another entry to the easterly portion of the development from Avenida Caballero for service vehicles only and an additional Fire access on East Amado Road, therefore the development will relate to existing streets and highways. Also, traffic and circulation within and around the development were analyzed in the previously adopted MND and incorporated into the current document. f. The public benefit provided by the development is mitigates any waivers or exceptions requested as part of the preliminary development plan; and This project was originally approved in 2006 prior to the adoption of public benefit policy, moreover, the applicant is not requesting for any new relief or deviations from the Code -- ? _� .,ear.• �- Resolution No. 24640 Page 4 or the previously established standards with this amendment. According to the applicant, the addition of the gardens which will be opened to the public will be an added public benefit. g. That the conditions to be imposed and shown on the approved preliminary development plan are necessary to protect the public health, safety and general welfare. The City Council previously approved conditions for the development; these conditions from different departments of the City which include Planning, Building, Fire and Public Works will remain valid and in effect for the project. Also, revised conditions from the original entitlement and Mitigation Measures from the adopted MND will continue to apply to this project. Therefore, staff believes that the conditions imposed are deemed necessary to protect the public health, safety and general welfare. REQUIRED FINDINGS — Tentative Tract Map Amendment: Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The previously approved tentative tract map was for a two -parcel condominium map and three lettered lots for the 7.8-acre parcel. The applicant is now proposing to modify the condominium map but will remain a two -parcel map with three lettered lots for street purposes only. The amended map will contain the hotel building in Lot 1 and all the residential/condominium buildings will be in Lot 2. In terms of required lot sizes and availability of public infrastructure, the map is consistent with the City's General Plan. b. The design and improvements of the proposed Vesting Tentative Tract Map are consistent with the zone in which the property is located. The design of the map is consistent with the allowable uses under the Planned Development District for this property, and is consistent with the development standards of the Section 14 Specific Plan. C. The site is physically suited for this type of development. The 7.8-acre site is physically suited for the amended project. The site is currently under construction and it is surrounded by existing development and City streets. The on -going construction of hotel building on the site is appropriate at this location. d. The site is physically suited for the proposed density of development. Resolution No. 24640 Page 6 Section 15162 of CEQA, the preparations of a Subsequent MND, Addendum to the MND or further environmental documentation is not necessary because the proposed modifications to the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified effects. The most notable change to the amended project involves the relocation of the five condo buildings from the easterly portion of the hotel building to the northerly section of the hotel building and the addition of two 3-story structures. Compared to the 2017 project, there is now only one structure placed on the most easterly portion of the site adjacent to the Center Court development; the 2017 project had three structures in the same location. The two 3-story structures being proposed are located further west away from the Center Court development, thus view impacts will be limited. Furthermore, as a result of the relocation of the five units to the north, there is an increased distance between the Center Court units and the hotel complex. The landscape buffer between the amended project and the Center Court development remains unchanged. As compared with the 2017 project, the overall permitted height of the amended project remains consistent with the original approval and the height limitations of the Section 14 Specific Plan. The conclusions in the 2017 Addendum that the Project would have no impacts to the environment apply to the amended project. SECTION 3. The City Council hereby approves the proposed amendment to Planned Development District 333 and modified Tentative Parcel Map 35236, for the development of a 156-room hotel, 40 condominium units and associated parking on 7.8 acres of lands located at the northwest corner of Avenida Caballeros and Amado Road subject to the Conditions of Approval attached hereto as Exhibit A and such approvals shall be valid for two years, unless otherwise extended in a manner authorized under applicable provisions of the Palm Springs Municipal Code. ADOPTED THIS 10T" DAY OF JULY, 2019. David H. Ready, E , City Manager ATTEST: Axfhony J. City Clerk Resolution No. 24640 Page 5 The site can accommodate the 156-room hotel and the 40-unit residential uses as proposed. The approximately 7.8-acre site is physically suited for the size, scope and density of the proposed hotel and residential uses. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Amended Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration has been adopted by the City Council. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The site has been previously disturbed and developed as parking lot for many years, and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife or their habitats. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The subdivision is designed to meet or exceed City standards. The development of the hotel and residential uses will be required to meet or exceed City building codes. The project will not cause public health problems. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through the property. Any utility easements can be accommodated within the project design. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: 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. SECTION 2. CEQA. The Project is considered a "project" pursuant to the California Environmental Quality Act (CEQA). A Subsequent IS/MND was prepared for the Project; the document evaluated the potential environmental impacts of the Project. The City Council has reviewed and considered the information in the final Subsequent IS/MND and on June 7, 2017, adopted the Subsequent Mitigated Negative Declaration in accordance with CEQA. Staff conducted an environmental analysis of the amended project under the California Environmental Quality Act (CEQA) Guidelines and made a finding that pursuant to Resolution No. 24640 Page 7 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. 24640 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 the 10th day of July, 2019, by the following vote: AYES: Councilmembers Middleton, Roberts, Mayor Pro Tem Kors, and Mayor Moon NOES: None ABSENT: Councilmember Holstege ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand Xny4k affixed the official seal of the City of Palm Springs, California, this G+�. day of,