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Home My WebLink AboutPC Resolution _4826- Case 5.0938 PD 282RESOLUTION NO.4826 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF TENTATIVE TRACT MAP 31006 AND CASE NO 5.0938 - PD-282 AND ASSOCIATED ARCHITECTURAL APPROVALS, SUBJECT TO THE CONDITIONS STATED, FOR THE CONSTRUCTION OF SIXTY-SIX TIMESHARE UNITS LOCATED AT THE NORTHEAST CORNER OF MURRAY CANYON DRIVE AND SIERRA MADRE, ZONE R-2 AND O, SECTION 35. WHEREAS, Laguna Pacific, LP for Canyon Vista, LP has filed an application for Tentative Tract Map 31006 and Case 5.0938-PD-282 for the construction of sixty-six timeshare units and associated architectural approvals located at the northeast corner of Murray Canyon Drive and Sierra Madre, Zone R-2 and O; and WHEREAS, said Tentative Tract 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, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 31006 and Case No. 5.0938 - PD-282, was given in accordance with applicable law; and WHEREAS, on January 22, 2003, a public hearing on the application for TTM 31006 and Case 5.0938-PD-282 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared forthis project 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 meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. Section 1: Pursuant to CEQA, the Planning Commission finds that the current environmental assessment for TTM 31006 and Case No. 5.0938-PD-282 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the mitigation measures related to each significant environmental effect for the proposed project. The Planning Commission further finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. 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 and SP-1. The PD in -lieu of a change of zone may be recommended for approval by the Planning Commission where a zone change appears valid for specific uses, and only those uses, proposed by an applicant and where the applicant agrees to comply with all conditions imposed on the project. In this case, the applicant is proposing the use of land on a timeshare basis where current zoning would not permit any residential development on the north half of the subject property. The timeshare project will match the resort character of the surrounding neighbourhood. Pursuant to Section 93.15.00 of the Zoning Ordinance, timeshare projects require a conditional use permit and frontage on a major or secondary thoroughfare if located in a GR-5 or R-2 zone or must be located in a R-3, R-4, R-4VP, C-B- D, C-1, C-1AA, and C-2 zone. The PD in -lieu of a change of zone is an appropriate mechanism for consideration of the timeshare project because it encompasses the requirements of a conditional use permit and allows flexibility in property development standards while also allowing a specific use in a zone where it would otherwise not be permitted. b. The 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 zone in which the proposed use is to be located. The proposed timeshares are located in an area that has many resort style developments, including the existing timeshares directly west of the project. In order to better integrate into the neighbourhood in terms of property development standards, Planned Development District 282 in -lieu of a change of zone, is being requested by the applicant. In addition, the General Plan designation for the property is M15 (Medium Density 12-15 units/acre), in contradiction with the current zoning of O (Open Space) for the north part of the project site. The timeshare use is in harmony with the General Plan and will be compatible with the surrounding resort community. C. The site 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. The project will include 29 one bedroom and 37 two bedroom units 810 square feet and 940 square feet in size, respectively, not including patio space. With patio space included, the one bedroom units will be 900 square feet and the two bedroom units will be 1010 square feet in size. The units are one or two stories, including some stacked units on top of carports. The units are oriented to take advantage of the golf course views to the north and east and the canyon views to the south and west. The subject property is an awkward L- shape, which is shown on the site plan as partitioned into four areas in order to emphasize the "courtyard" concept of the project. The four areas include the north part of the site with a mix of one and two-story buildings, the common area and units at the corner of Murray Canyon Drive and Sierra Madre, and the two configurations at the southeast end of the site where most of the stacked units are located. The project site abuts the Canyon Country Club golf course and is sensitive to single family residential development to the north. The building height forthe project decreases to fifteen feet and one-story 200 feet from the R-1 C zoning to the north. The 200 foot setback is required by Section 92.04.03.D.2, which limits building heights to 15 feet or one-story when R-3 zoned property abuts R-1 zoned property. Maximum building height for the project is 24 feet and the carports are 10 feet in height. The applicant will be providing additional detailed elevations, especially for the carports and stacked units fronting on Murray Canyon Drive, in the final development plans. The project meets the R-3 zone open space requirements, which call for forty-five (45) percent open space. The project has fifty-two (52) percent open space and recreational areas, thirty (30) percent hardscape, and eighteen (18) percent building coverage. The project does not comply with the minimum building separation requirement of fifteen (15) feet. The building code requires a minimum building separation of ten (10) feet for multiple family occupancies. Therefore, the applicant is requesting modification of the building separation requirement from 15 feet to 10 feet. Staff supports the modification to building separation. Otherwise, the project complies with all other property development standards in the R-3 zone. d. That 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. Access to the project will be from two driveways on Murray Canyon Drive and one driveway on Sierra Madre. Existing improvements consist of a vertical curb and gutter and a four lane, undivided, striped roadway on Murray Canyon Drive and a vertical curb and gutter and two lane, undivided, striped roadway on Sierra Madre. Both Murray Canyon Drive and Sierra Madre have been improved to secondary and collector street standards, respectively. The project will result in 206 additional average trips per weekday and will pay a fair share fee towards the the addition of a new traffic signal at the corner of South Palm Canyon Drive and Murray Canyon Drive. The majority of parking spaces and units are concentrated on the southern part of the project site, therefore, most of the traffic should be directed to Murray Canyon Drive, a secondary thoroughfare. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include 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 application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), 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 proposed project is not consistent with the General Plan but with the approval of the General Plan Map Amendment to redesignate the property from M15 (Medium Density Residential 12-15 units/acre) to H30 (Medium -High Density 21-30 units/acre), the project will be consistent with the General Plan. The applicant is proposing 66 units and therefore, will be well within the density parameters of the General Plan. h. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. 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, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 31006. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for sixty-six (66) one and two -bedroom timeshare units on 3.27 acres of land. The proposed development will be within the maximum allowable density of 77 units, pursuantto the standards ofthe Preliminary Planned Development District 282. There will be no incompatibility issues as the subject property is surrounded by a the Canyon Country Club golf course and vacant single family residential land to the north, apartments and the golf course to the east, Murray Canyon Drive and the recently approved Canyon South Golf Course to the south, and timeshares and condominiums to the west. The applicant proposes a medium -high density resort timeshare development that will be compatible with the surrounding neighbourhood. d, The design of the proposed subdivision or the proposed improvements are not likely to a cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment. The incorporation of the mitigation measures as prescribed in the EA will ensure that any potentially significant impacts will be reduced to a level of insignificance. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval ''including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 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. Murray Canyon Drive is already improved to secondary thoroughfare standards including sidewalk, curb, and gutter. Sierra Madre is also already improved to collector street standards with vertical cub and gutter and existing sidewalks. The landscaping and on -site common areas will be privately maintained. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission recommends that the City Council order filing of a Mitigated Negative Declaration and approve Tentative Tract Map 31006 and Case 5.0938-PD-282, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 22n' day of January, 2003. AYES: Klatchko, Matthews, Conrad, Shoenberger, Marantz, Grence NOES: ABSENT: ABSTAIN: Caffery ATTEST: CITY OF PALM SPRINGS, CALIFORNIA e Planrffng Commlssl'OrVChairman Plan ing C mission Secretary m x m