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Home My WebLink AboutPC Resolution _4726- Case 5.0853RESOLUTION NO. 4726 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL, SUBJECT TO THE CONDITIONS STATED, OF CASE NO. 5.0853, (PLANNED DEVELOPMENT NO. 264) AND TENTATIVE TRACT MAP NO. 29988 TO DESERT SHADOWS 3 LP FOR A PLANNED DEVELOPMENT DISTRICT FOR A PROPOSED 17-UNIT CONDOMINIUM PROJECT AND 3,968 SQUARE FOOT RECREATION BUILDING ON A 1.85 ACRE PARCEL AT 100 E.AST STEVENS ROAD, R-31C-1 ZONE, SECTION 10, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Desert Shadows 3 LP ("Applicant") has filed applications with the City pursuant to Sections 94.03.00 and 94.04.00 of the Zoning Ordinance, Case No. 5.0853 (Planned Development District 264) for the development of a 17-unit condominium project and 3,968 square foot recreation building on a 1.85 acre parcel located at 100 East Stevens Road, R-31C-1 zone, Section 10; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Case No. 5.0853 was given in accordance with applicable law; and WHEREAS, on January 24, 2001, a public hearing on the applications for Case Permit No. 5.0843 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project, (Case No. 5.0843), is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In -fill Development Projects). 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 and all written and oral testimony. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: This Planned Development District and Tentative Tract Map are categorically exempt from environmental assessment per Section 15332 of the California Environmental Quality Act (CEQA) in that Section 15332 states that in -fill development projects are exempt from CEQA. Section 2: Pursuant to Section 94.03.00 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. Case No. 5.0853 - Resolution January 24, 2001 Page 2 of 4 The proposed Planned Development District will allow for a 17-unit condominium project and 3,968 square foot recreation building on the subject property, including modifications to building setbacks and a special street design section for Stevens Road. b. The proposed Planned Development District is consistent with the applicable general and specific plans. The subject property is designated H-43/21(High Density Residential) on the City's General Plan Land Use Map and R-3 (Multiple -Family Residential and Hotel Zone) and C-1 (Retail Business Zone) pursuant to the Zoning Map. The objective of the H-43/21 General Plan Designation is to allow for multi -family apartments and similar permanent housing. The proposed development of 17 condominium units and a 3,968 square foot recreation building on a 1.85 acre site (9.18 dwelling units per acre) fits within the range of uses allowed within the High Density Residential General Plan category. C. The use applied for is necessaryor 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 zone in which the proposed use is to be located. The proposed Planned Development District application for a 17-unit condominium project and 3,968 square foot recreation building is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject site is zoned R-3 (Multiple -Family Residential and Hotel Zone) and C-1 (Retail Business Zone) and designated H-43121 (High Density Residential) on the City's General Plan Land Use Map. The project will be compatible with the General Plan and with surrounding existing land uses. e. The site is physically suitable for the type of development contemplated by the proposed planned development. The project has been designed to complywith the performance and development standards of the R-3 zone, with the exception of building setbacks. The site is relatively flat with native vegetation scattered across the property and no overhead utilities, and will be accessed primarily via Stevens Road with a secondary access of Indian Canyon Drive North. Proposed setbacks are consistent with existing development patterns in the immediate neighborhood. Thus, the project should be compatible with the surrounding neighborhood. Case No. 5.0853 - Resolution January 24, 2001 Page 3 of 4 f. The site is physically suitable for the proposed density of development contemplated by the proposed development. The project has been designed to comply with the density standards of the R-3 zone. 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 three sides by roadways, two of which are major thoroughfares, and one of which is a collector street. To address future cumulative traffic issues in the immediate area, the perimeter streets will be required to be dedicated and developed in the future to their full ultimate half -street widths, consistent with the goals, policies and objectives of the City's General Plan. The payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required upon issuance of building permits. With the above items incorporated into the recommended Conditions of approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. The Planning Commission finds that deferring street improvements on North Palm Canyon Drive and North Indian Canyon Drive is consistent with street patterns on adjacent properties and in this area. h. The conditions to be imposed and shown on the approved site pan are deemed necessary to protect the public health, safety and general welfare_ All proposed conditions of approval are necessary to ensure public health and safety, including, but not limited to, the requirements for public street improvements, landscape and wall treatments along the project perimeter and appropriate on -site lighting. A nexus and rough proportionality have been established for 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 ordinances are related to the proper function of the project in the proposed location. Visitors and owners will utilize North Palm Canyon Drive, Stevens Road and Indian Canyon Drive North to access the site. Conditions of approval require full street improvements along all three street frontages, including the installation of improvements such as curbs, gutters and sidewalks. All of the required off -site improvements will provide direct and immediate safety benefits to the visitors and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The requirement improvements are in rights -of -way immediately adjacent to the site, which must be utilized by those accessing the subject site. Transportation Uniform Mitigation Fund (TUMF) fees will be required to be paid upon issuance of building permits for the project to mitigate additional traffic generated by the project. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks as modified, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future Case No. 5.0853 - Resolution January 24, 2001 Page 4 of 4 uses of land in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning Commission hereby approves Case No. 5.0853, subject to those conditions set forth in Exhibit A on file in the Department of Planning and Building, which are to be satisfied prior to issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 24th day of January, 2001. AYES: Caffery, Jurasky, Klatchko, Matthews, Raya, Schoenberger; NOES: None; ABSENT: None; ABSTAIN: Mills. ATTEST- CITY OF PALM SPRINGS Secretarylanning Commission pKa1Planning Commission 0