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HomeMy WebLinkAboutPC Resolution _4690RESOLUTION NO. `724�C � OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL, SUBJECT TO THE CONDITIONS STATED, OF CASE NO.5.0830 (PLANNED DEVELOPMENT DISTRICT NO. 260) AND TENTATIVE TRACT MAP NO. 29691 TO PALM SPRINGS NEW MILLENNIUM DEVELOPMENT, INC., FOR A PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF A MULTI PHASED, MIXED USE PROJECT CONSISTING OF A 198-ROOM HOTEL FACILITY, A 176-UNIT VACATION OWNERSHIP FACILITY, RESTAURANTS, A 200- SEAT OBSERVATORY LOUNGE, A 7,000 SQUARE -FOOT SPA AND OTHER ASSOCIATED RECREATIONAL AMENITIES, TOTALING APPROXIMATELY 168,049 SQUARE FEET OF BUILDING AREA ON 11.41 GROSS ACRES OF LAND, AND THE SUBDIVISION OF THE 11.41 GROSS ACRE SITE INTO NINE (9) PARCELS, RANGING IN SIZE FROM 0.35 ACRES TO 3.23 ACRES, AS WELL AS THE SUBDIVISION OF THE SITE FOR CONDOMINIUM PURPOSES, LOCATED ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE, APPROXIMATELY 275 FEET NORTH OF MESQUITE DRIVE AND EAST OF THE FUTURE EXTENSION OF BELARDO ROAD, C-1 AND R 3 ZONES, SECTIONS 22 AND 23, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Palm Springs (the "Applicant") has filed an application with the City pursuant to Section 9403.00 of the Zoning Ordinance, Case Na. 5.0830 (PreliminaryPlanned Development District No. 260) and pursuant to Section 9.60 of the Palm Springs Municipal Code, Tentative Tract Map No. 29691 for the development of a multi -phased, mixed use project consisting of a 198-room hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square -foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area on 11.41 gross acres of land, and the subdivision of the 11.41 gross acre site into nine (9) parcels, ranging in size from 0.35 acres to 3.23 acres, as well as the subdivision of the site liar condominium proposes, located on the west side of South Palm Canyon Drive, approximately 275 limit north of Mesquite Avenue and east of the future extension of Belardo Road, C-1 and R-3 zones. Sections 22 and 23; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Preliminary PIanned Development 260 (PD 260) and Tentative Tract Map No. 29691 were given in accordance with applicable law; and WHEREAS, on April 26, 2000, a public hearing on the application for PD 260 and Tentative Tract Map No. 29691 was held by the Planning Commission in accordance with applicable law; and A-10 WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed Subdivision, Tentative Tract Map 29691, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents 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 project (PD 260 and Tentative Tract Map No. 29691), is considered a project pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration has been prepared for this project and has been distributed for public review and continent 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, all environmental data including the initial study, the proposed 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 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 the significant environmental effects of the proposed project, which includes mitigation measures for traffic and circulation such as, the payment of Transportation Uniform Mitigation Fund (T[TW fees upon issuance of building permits, the contribution of intersection improvements at project entrance on South Palm Canyon Drive, the dedication of the full half street right-of-way on Belardo Road from Mesquite Avenue to the north project boundary, a roadway extension of Belardo Road from Mesquite Drive to the westerly frontage of the project, mitigation measures for water such as the construction of buildings outside the limits of the flood innundation area of the Tahquitz Creels Flood Control Channel, mitigation measures for aesthetics including, but not limited to, stepping the building massing back from South Palm Canyon Drive and providing lower profile buildings along the western perimeter of the site, and requiring a detailed site and building lighting plan that demonstrates compliance with Zoning Ordinance requirements and mitigation measures for Cultural Resources (completion of a data recovery program) and that, on the basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The Planning Commission fiuther finds that the Mitigated Negative Declaration reflects its independent judgment. 1A k'l 7 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 CiVs General Plan and any applicable specific plan; and Section 1. Pursuant to Government Code Section 65567, the Planning Commission finds 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; and Section 4: Pursuant to Government Code (Subdivision Map Act) Section 66474, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans The application entails subdividing 11.41 gross acres (10.67 net acres) into nine (9) lots, generally corresponding with the phase lines proposed by the applicant, for the development of a multiple -phased ;nixed use resort. In addition, the application contemplates the subdivision of the property for condominium purposes for the timeshare component of the project. The subject property is designated as "RC" (Resort Commercial) and "H" (Residential High) on the City's General Plan Land Use Map and "C-1" (Central Retail Business Zone) and "R-Y (Multi -Family and Hotel Zone) pursuant to the Zoning Map consistent with the existing General Plan designations. The purpose of the Resort Commercial General Plan designation is to promote large-scale resort hotel complexes and major commercial recreation attractions integrated with retail and entertainment facilities, in areas outside the downtown area where automobile -oriented access is most appropriate. Hotels and similar types of resort housing are also specified as a recommended land use pursuant to the High Density Residential designation in the General Plan. The project complies with the General Plan, in that the development and uses proposed (resort hotel with related amenities, the residential timeshare component and proposed restaurant) are consistent with the intended uses within the applicable General Plan designations and, with the mitigation measures recommended in the Environmental Assessment, will not have a significant impact on the surrounding neighborhood. b. The design or improvement ofthe proposed subdivision is consistent with the General Plan and any applicable Specific Plan. The subject site is designated "RC" (Resort Commercial) and "H" (Residential High) pursuant to the General Plan Land Use Map and "C-1" (Central Retail Business Zone) and "R-3" (Multi -Family and Hotel Zone) pursuant to the Zoning Map. The project has been designed to be consistent with General Plan Policies 3.8.1 and 3.8.2 relative to High Density Residential development and General Plan Policies 3.22.1 through 3.22.5 relative to Resort Commercial development. The design and improvement of the proposed subdivision and related mixed use project will also be compadble'with the existing General Plan designations as described JDLrrII8 above in Section 4(a) and will be compatible with existing land use designations to the north, where a restaurant currently exists and with the automotive dealership to the south. South Palm Canyon Drive will serve as a significant buffer from any land use(s) to the east, where a Resort Commercial land use is contemplated per the General PIan. Adjacent to the balance of the north property line is the Tahquitz Creek Flood Control Channel, and lands on the north side of the channel are designated Resort Commercial pursuant to the General Plan, consistent with the designation of the project site. Properties immediately west of the site are vacant and designated High Density Residential per the General Plan. Belardo Road, which is designated as a Secondary Thoroughfare on the General Plan Land Use Map, will serve as a significant buffer between the project site and the property to the west, even though the site designation is consistent wish the westernmost portion of the property and could be developed with a similar residential density to that of the proposed project. Thus, the subdivision and related planned development should be compatible with the surrounding neighborhood. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. The project is located on approximately 11.41 acres of vacant land that is predominately covered with native scrub vegetation and rock outcroppings. Curb, gutter, sidewalk and mature palms currently exist along the South Palm Canyon frontage. The site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. 'me project falls within the range of allowable densities permitted in the "C- I " and " R-3" •zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of wluch have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed subdivision is consistent with all applicable environmental plans, and is compatible with existing land uses in the immediate vicinity of the project site. Adequate street frontage exists to allow for smooth and efficient vehicular and pedestrian access to the site and to minimize interference with traffic flows on existing or planned thoroughfares adjacent to the project site. Thus, 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. As described above, the site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the range of allowable densities permitted in the "C-l" and "R 3" zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed subdivision and related mixed use project contemplated under Planned Development District No. 260 will be compatible with existing General Plan Land use and zoning designations to the 1:1.6011 north, east and west, based on the proposed density contemplated under the proposed - p p development. Although there are lots within the proposed subdivision that do not meet the minimum lot size of 20,000 square feet, as contemplated per the Planned Development District, the design of the integrated, master -planned project will not give the appearance that lots do not minimum lot size criteria. The project is consistent with the proposed density of development previously contemplated but never completed on property immediately east of the site, across South Palm Canyon Drive. Along the south property line, where an automotive dealership currently exists, it will be required through the final development plan process that a sufficient landscape buffer from the existing automotive dealership to the south be incorporated into the project design to mitigate any land use compatibility concerns. Thus, the density of the proposed subdivision and related planned development will be compatible with surrounding neighborhood. e. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Conditions of this subdivision and related planned development will require full public improvements along South Palm Canyon Drive and Belardo Road to be completed to the satisfaction of the City, with the development. The project site is on the fringe of the urbanized area of the City with existing development in three direction and has not been identified to be within an area of biological concern or an area that would have any substantial impacts on fish or wildlife or their habitat. With the required street improvements and other mitigations recommended pursuant to conditions of approval for this project, the design of the proposed subdivision and the proposed improvements contemplated under the proposed planned development are not likely to cause substantial environmental damage. # The design of the subdivision or type of improvements is not likely to cause serious public health problems. All proposed conditions of approval are necessary to ensure public health and gaiety including, but not limited to, the requirements for traffic signalization and a landscaped median island on South Palm Canyon Drive, street widening and re -striping (where applicable) on perimeter streets, and, a combination screen wall/landscape buffer to minimize the potential noise and aesthetic impacts between the proposed subdivision from the adjacent automotive dealership to the south. 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, property within the proposed subdivision. The Off -site improvements, which are required by the Zoning Ordinance, are related to the Project since patrons and employees of the project must use South Palm Canyon Drive and Belardo Road to access the site. Currently, the subject property is vacant and therefore little or no usage of surrounding roads, sidewalks and utilities is due to the subject property at this time. However, the firiure property owner will benefit from any improvements made to the above streets such as street widening, traffic signalization and other traffic controls and aesthetic features, such as landscaped median islands. Section 5: Pursuant to Section 9403.00 of the Zoning Ordinance, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed Planned Development District wiII allow for a mixed of commercial and residential uses, including a 198-unit hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square -foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area, is permitted pursuant to Section 9403.00 (Planned Development District). b. The proposed Planned Development District is consistent with the applicable general and specific plans. The subject property is designated as "RC" (Resort Commercial) and "H 43/21" (High Density Residential) on the City's General Plan Land Use Map and "C-1 "(Central Retail Business Zone) and "R-3" (Multi -Family and Hotel Zone) pursuant to the Zoning Map. The purpose of the Resort Commercial General Plan designation is to promote large-scale resort hotel complexes and major commercial recreation attractions integrated with retail and entertainment facilities, in areas outside the downtown area where autornobilc- iriented access is most appropriate. Hotels and similar types of resort housing are also specified as a recommended land use pursuant to the High Density Residential designation in the General Plan. The project complies with the General Plan, in that the development and uses proposed (resort hotel with related amenities, the residential timeshare component and proposed restaurant) are consistent with the intended uses within the applicable General Plan designations and supports its goals and policies. C. The said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zones in which the proposed use is to be located. The proposed Preliminary PIanned Development District application for a mixed use project, consisting of a 198-unit hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seal observatory lounge, a 7,000 square -foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area will pn)vide IvsOrt commercial services geared toward tourists of the community, consistent with the obje ctivo% of the Resort Commercial and High Density Residential components of the General Plan and the zones in which the site is located (i.e. the site is zoned "CA" and "R-3" with a Resort Overlay zone). The planned development will provide additional tourist opportunities and associated conveniences as well as an additional restaurant amenity for'tourists and residents alike, in a location within the City's Resort Overlay District along South Palm Canyon Drive. outside of the immediate downtown area, where the type of development proposed under this application is most appropriate to handle the projected amount of automotive traffic and related on -site parking. The subject project incorporates upgraded architectural styles and landscaping in order to blend in aesthetically with surrounding developments. Additionally. driveways have been located on the South Palm Canyon Drive and Belardo Road street frontages in a manner that will provide safety and aesthetic benefits and is consistent with policies of General Plan. d. The design or improvements of the proposed planned development are consistent wi th the General Plan. The subject site is designated "RC" (Resort Commercial) and "H" (Residential I {igh) pursuant to the General Plan Land Use Map and "C-l" (Central Retail Business `Lone) and "R-3" (Multi -Family and Hotel Zone) pursuant to the Zoning Map. The project has been designed to be consistent with General Plan Policies 3.8.1 and 3.8.2 relative to High Density Residential development and General Plan Policies 3.22.1 through 3.22.5 relative to Resort Commercial development. The design and improvement of the proposed subdivision and related mixed use project will also be compatible with the existing General Plan designations as described above in Section 4(a) and (b) and will be compatible with existing land use designations to the north, where a restaurant currently exists and with the automotive dealership to the south. South Palm Canyon Drive will serve as a significant buffer from any land use(s) to the east, where a Resort Commercial land use is contemplated per the General Plan. Adjacent to the balance of the north property line is the Tahquitz Creek Flood Control Channel, and lands on the north side of channel are designated Resort Commercial pursuant to the General Plan, consistent with the designation of the project site. Properties immediately west of the site are vacant and designated High Density Residential per the General Plan. Belardo Road, which is designated as a Secondary Thoroughfare on the General Plan Land Use Map, will serve as a significant buffer between the project site and the property to the west, even though the site designation is consistent with the westernmost portion of the property and could be developed with a similar residential density to that of the proposed project. Thus, the proposed planned development should be compatible with the surrounding neighborhood. e. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood (i.e. the site is physically suitable for the type of development contemplated by the planned development). The project is located on approximately 11.41 acres of vacant land that is predominately covered with native scrub vegetation and rock outcroppings. The project falls within the range of allowable densities permitted in the "C-1" and "R-3" zones, and has been designed it) comply with all property development and/or performance standards of these zones, as % a * required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The purpose of the Planned Development District is to provide for various types of land uses which can be combined to create a compatible relationship with each other while following good zoning practices and the General PIan and allow desirable departures from the strict provisions of the specific zone classifications where desirable. The Immediately to the east of the project site, across South Palm Canyon Drive, a large-scale resort planned development was approved but never built that encompassed pursuant to Section 9304.00 ofthe Zoning Ordinance (Highrise Buildings). Adequate street frontage exists to allow for smooth and efficient vehicular and pedestrian access to the site and to minimize interference with traffic flows on existing or planned thoroughfares adjacent to the project site. Thus, the proposed planned development is compatible with existing land uses in the immediate vicinity of the project site and is physically suitable for the type of development contemplated by the proposed planned development. f. The site is physically suitable for the proposed density of development contemplated by the proposed planned development. As described above, the site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the range of allowable densities Permitted in the "C-1" and "R-3" zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the 'honing Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed mixed use project contemplated under Planned Development District No. 260 will be compatible with existing General Plan land use and zoning designations to the north, east and west, based on the proposed density contemplated under the proposed development. As referenced above, the project is also consistent with the proposed density of development previously contemplated but never completed on property immediately east of the site, across South Palm Canyon Drive. The project site is separated from existing land uses to the north by the Tahquitz Creek Flood Control Channel, to the east and west by existing or future streets. Along the south property line, where an automotive dealership currently exists, it will be required through the final development plan process that a sufficient landscape buffer 1 rom the existing automotive dealership to the south be incorporated into the project dcsibn to mitigate any land use compatibility concerns. Thus, the density of the proposed planned development will be compatible with surrounding neighborhood. g. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed Planned Development is bordered on two sides (east and west) by existing or future roadways, one of which is a major thoroughfare (South Palm Canyon Drive) and one of which is a secondary thoroughfare (Belardo Road). A traffic ;report was conducted for the } planned development which concluded that, based on the estimate of 4,070 project related trips per day, no additional traffic lanes will be required to provide acceptable levels of service at key surrounding intersections in the future. However, the proposed shared access with the existing restaurant to the north and east of the site will require signalization upon development of the project. In addition, the project proponent will be required to contribute to roadway improvements of regional benefit by participating in the Transportation Uniform Mitigation Fund (TUMF) program and comply with the City's Transportation Demand Management (TDK Ordinance. All of these items, as well as other secondary transportation related items, have been incorporated into the recommended Conditions of Approval for the project (Exhibit A). With these conditions in place, the vehicular circulation system will not be negatively impacted by trips generated from this project. h. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for traffic signal installation, street dedication, widening and/or construction, provisions for delivery truck access, new curbs, gutters and sidewalks, and a landscape/wall buffer between the project and the adjacent automotive dealership. i. A nexus and rough proportionality have been established f0f requirement of dedication of the additional right-of-way to the City and the off -site improvements as related to the Planned Development District. The conditions requiring off -site improvements which are required by City ordinan= are related to the proper function of the project in the proposed location. Patrons and employees will utilize the three surrounding streets to access the site. Conditions of approval require additional street dedication and widening, installation of a traffic signal, and the construction of a raised, landscaped median island, the installation of street lights along South Palm Canyon Drive, as well as the installation of public improvements such as, but not limited to, pavement, striping, curbs, gutters and sidewalks, and street lights on Belardo Road. All of the required off -site improvements will provide direct and immediate safety benefits to the patrons and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The required improvements are in rights -of -way immediately adjacent to the site, which must be utilized by those accessing the subject site. These improvements and/or mitigation include the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits of all phases of the project, the installation of a bus bay turnout along the South Palm Canyon Drive frontage, as well as the required improvements mentioned above. Without the proposed project, which will provide for approximately 168,049 square feet of resort -oriented commercial uses, generating traffic and site users, these improvements would not be warranted since the site is curi-ently vacant and not currently impacting any City rights -of -way. Section 6: pursuant to Section 9315.00 of the Zoning Ordinance, the Planning Commission finds that: a. Pursuant to the Zoning Ordinance Section 9315.00 B, the use or occupancy of land on a timeshare basis is authorized by the City's Zoning Ordinance within the "C-1" and "R-3" zones, subject to the provisions of Section 9402.00 of the Zoning Ordinance (Conditional Use Permit); b. The use or occupancy of land on a "tixne-share" basis is being considered pursuant to the provisions of Section 9403.00 of the Zoning Ordinance (Planned Development District) whereby the Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plan are in conformity with said section as well as Section 9402.00 of the Zoning Ordinance (Conditional ( Ise Permits) the General Plan and sound community development. The findings For said planned development are outlined above in Section 5 of this Resolution; C. The "time-share" component of the project will require the applicant to comply with the applicable provisions Section 9315.00 of the Zoning Ordinance referenced above and Chapter 3.29 of the Palm Springs Mug icipal Code (Time -Share Occupancy Tax), and the review of the Covenants, Codes and Restrictions (C,C and R's) by the City; d. The time-sharing project will not have a significant impact on transient or permanent rental stock; e. The time-sharing project does not create a nonconformity with current zoning regulations and the General Plan; and E The time-sharing project does not create a nonconformity with existing unilbrm building and fire codes. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends approval to the City Council of Case No. 5.0830 (Planned Development District No. 260) and Tentative Tract Map No. 29691 subject to those conditions set forth in the in Exhibit A, on file in the Department of Planning & Building, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this day of .2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Secretary, Planning Commission Chairman, Planning Commission i