HomeMy WebLinkAboutPC Resolution _4674RESOLUTION NO. 4674
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO
THE CITY COUNCIL OF TENTATIVE PARCEL MAP 28951
SUBJECT TO THE CONDITIONS STATED, AN APPLICATION
BY BRENTWOOD RETIREMENT COMMUNITIES FOR A
PROPOSED FOR A PROPOSED SUBDIVISION OF A 4.38
ACRE PARCEL INTO TWO LOTS OF APPROXIMATELY 2.19
ACRES EACH LOCATED AT 1050 BARISTO ROAD,
APPROXIMATELY 330 FEET EAST OF AVENIDA
CABALLEROS ON THE NORTH SIDE OF BARISTO ROAD, R-
4 ZONE, SECTION 14, AND MAKING FINDINGS IN SUPPORT
THEREOF.
WHEREAS, Mr. Maurice Monnig and Mr. Don Young of Brentwood Retirement Communities
(the "applicant") have filed an application with the City pursuant to Palm Springs Municipal Code
Section 9.60 for a Tentative Parcel Map to subdivide 4.38 acres into two lots of approximately
2.19 acres each located at 1050 Baristo Road, approximately 330 feet east of Avenida Caballeros
on the north side of Baristo Road, R-4 zone, Section 14;
WHEREAS, the purpose of the tentative parcel map is to facilitate financing for the development
of Phase One of a new residential senior citizen assisted living facility, which consists of five
residential buildings totaling 85,220 square feet and a 4,644 square foot community building on
the 4.38 acre site. Each residential building contains 24 rooms, for a total of 120 residential units,
with a proposed maximum of 172 residents/beds within the facility; and
WHEREAS, the proposed tentative parcel map was submitted to appropriate agencies as required
by the subdivision requirements of the Palm Springs Municipal Code, with the request for their
review, comments and requirements; and
WHEREAS, on December 8, 1999, a public hearing on the application for Tentative Parcel Map
28951 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66452.3, City staff has prepared a written
report with the Planning Commission recommendation that the proposed subdivision, Tentative
Parcel Map No. 28951 be approved, and that a copy of that report was served upon the subdivider
at least three (3) days prior to the aforementioned meeting; and
WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has
considered the effect of the proposed Subdivision, Tentative Parcel Map 28951, on the needs of
the region in which Palm Springs is situated and has balanced these needs against the proposed
public service needs of its residents and businesses and available fiscal and environmental
resources; the approval of the proposed Subdivision represents the balance of these respective
needs in a manner which is most consistent with the City's obligation pursuant to its police powers
to protect the public health, safety, and welfare; and
WHEREAS, the proposed Subdivision, Tentative Parcel Map 28951, was reviewed for potential
environmental impacts in conjunction with Conditional Use Permit No. 5.0785, a proposal to
construct a new residential senior citizen assisted living facility, which consists of five residential
buildings totaling 85,220 square feet and a 4,644 square foot community building on the 4.38 acre
site. The related Conditional Use Permit (CUP) is considered a "project" pursuant to the terms
of the California Environmental Quality Act (CEQA); a combined Mitigated Negative Declaration
has been prepared for the applications and has been distributed for public review and comment in
accordance with CEQA; and
WHEREAS, the Planning Commission 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, the mitigated negative declaration and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds as follows:
The final combined Mitigated Negative Declaration has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
procedures contained in the City's CEQA Guidelines. The Planning Commission
has independently reviewed and considered the information contained in the
Mitigated Negative Declaration and finds that it adequately discusses any
significant environmental effects of the proposed project, and that, on the basis of
the combined initial study and comments received during the public review process,
there is no substantial evidence that there will be any adverse environmental effects
as a result of the approval of this project. The Planning Commission further finds
that the Mitigated Negative Declaration reflects its independent judgment.
Section 2: Pursuant to Government Code Section 66473.5, the Planning Commission finds
that the proposed subdivision and the provisions for its design and improvement are
compatible with the objectives, policies, and general land uses and programs
provided in the City's General Plan and any applicable specific plan.
The proposed tentative parcel map contemplates a subdivision for finaincing
purposes to expedite the development of phase one of a residential senior citizen
assisted living facility, which is conditionally permitted in the R-4 zone, per the
Zoning Ordinance. This Conditional Use Permit application was approved by the
Planning Commission on May 26, 1999 on the property contemplated under the
proposed Tentative Parcel Map. 0
Section 3: Pursuant to Government Code Section 65567, the Planning Commission fords that
the proposed subdivision and the provisions for its design and improvements are
compatible with the objectives, policies and general land use provided in the City's
local open space plan.
The proposed subdivision and related development of the senior citizen assisted
living facility are in compliance with the open space policies in the General PIan.
Any future development contemplated on the remainder parcel will also be
reviewed for compliance with the General Plan open space objectives and policies.
Section 4: Pursuant to Government Code Section 66474, the Planning Commission finds that
with the incorporation of these conditions attached in Exhibit A:
a. The proposed map is consistent with the applicable general and
specific plans.
b. The design or improvements of the proposed subdivision are
consistent with the General Plan.
c. The site is physically suitable for the type of development
contemplated by the proposed subdivision.
d. The site is physically suitable for the proposed density of
development contemplated by the proposed subdivision.
e. The design of the subdivision or improvements is not likely to
cause substantial environmental damage or substantially and unavoidably injure fish
or wildlife or the habitat.
f. The design of the subdivision or improvements is not likely to
cause serious public health problems.
g. The design of the subdivision or the 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.
Section 5: Pursuant to Government Code Section 66474.6, the Planning Commission has
determined that the discharge of waste from the proposed subdivision into the
existing sewer system will not result in a violation of existing requirements
prescribed by the Regional Water Quality Control Board; and
Section 6: A nexus and rough proportionality have been established for the requirement of the
dedication of the additional right-of-way to the City and the off -site improvements
as related to the tentative parcel map.
The off -site improvements, including, but not limited to, the installation of curb,
gutter and sidewalk on the street frontages of the project, which are required by
City Ordinances, are related to the subdivision and proposed or future contemplated
project thereon. The off -site improvements to be installed adjacent to the
development of the senior citizen assisted living facility will benefit the owners,
residents and surrounding residents in the area such that curbs, gutter and sidewalk
will provide for their safety and aesthetically enhance their property as well as the
surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends approval to the City Council of Tentative Parcel Map 28951,
subject to those conditions set forth in the Exhibit A on file in the Office of the Department of
Planning and Building.
ADOPTED this 8th day of December, 1999.
AYES: Mills, Fontana, Klatchko, ]urasky, Raya
NOES: Caffery
ABSENT: Matthews
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By Z��
Planning Commission Chairman Plannm ommission Secretary
NO
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RESOLUTION NO. 4674 .aae I DataLarl . lydue3
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North side of Baristo Road, 330 feet east of Avenida Caballeros
December 8, 1999
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction
of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee,
depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by
the City Attorney.
ENGINEERING:
The Engineering Division recommends that if this application is approved, such approval is subject to
the following conditions being completed in compliance with City standards and ordinances:
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction
of the City Engineer.
MAP
The Title Report prepared for subdivision guarantee for the subject property, the traverse
closures for the existing parcel and all lots created therefrom, and copies of record documents
shall be submitted with the Parcel Map to the Engineering Division.
2. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer
and submitted to the Engineering Division for review. Submittal shall Be made prior to
issuance of grading or building permits.
3. All Conditions of Approval from Resolution No. 4646 from Conditional Use Permit No.
5.0785 are still in frill force and effect and all applicable conditions that relate to the
subdivision of the property shall be considered attached by reference to the approval of this
Tentative Parcel Map.
PLANNING:
4. The proposed subdivision shall conform to all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions
which supplement the zoning district regulations.
4a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of
the City of Palm Springs, its legislative body, advisory agencies, or administrative officers
concerning Tentative Parcel Map No. 28951 The City of Palm Springs will promptly notify
the applicant of any such claim, action, or proceeding against the City of Pahn Springs and the
applicant will either undertake defense of the matter and pay the City's associated legal costs
or will advance funds to pay for defense of the matter by the City Attorney. If the City of
Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or
fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein, except, the City's
decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall
not cause a waiver of the indemnification rights herein. 0
5. The applicant prior to recordation of the final map and issuance of building permits shall
submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning and Building for approval in a form to be approved by the City Attorney,
to be recorded prior to issuance of occupancy permits. The CC&R's shall address the
maintenance and construction of areas outside of the first and second phases of development
(i.e. fugitive dust, landscaping and irrigation, emergency access) and the maintenance of the
overall project as one integrated project in perpetuity and be enforceable by the City, shall not
be amended without City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances.
The applicant shall submit to the City of Palm Springs, a deposit in the amount of $ 2000.00,
for the review of the CC&R's by the City Attorney.
6. All Conditions of Approval from Resolution No. 4646 from Conditional Use Permit No.
5.0785 are still in full force and effect and all applicable conditions that relate to the
subdivision of the property shall be considered attached by reference to the approval of this
Tentative Parcel Map.
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