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HomeMy WebLinkAboutPC Resolution _4897-TTM 31887 PD 288RESOLUTION NO. 4897 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL OF PLANNED DEVELOPMENT DISTRICT PD-288 AND TENTATIVE TRACT MAP TTM-31887 FOR THE CONSTRUCTION OF 38 CONDOMINIUM UNITS LOCATED AT 284 CAHUILLA ROAD, ZONE R-2 AND R-3, SECTION 15. WHEREAS, John Wessman (the "Applicant") has tiled an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to construct 38 condominium units located at 284 Cahuilla Road, Zone R-2 and R-3, Section 15; and WHEREAS, the Applicant has filed Tentative Tract Map 31887 with the City and has paid the required filing fees; 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 TTM 31887 and PDD 288, was given in accordance with applicable law; and WHEREAS, on November 26, 2003, a public hearing on the application for Tentative Tract Map 31887 and Planned Development District 288 was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed subdivision, Tentative Tract Map 30941, 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 project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed subdivision, Tentative Tract Map 31887, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental 40 Assessment has been prepared for this 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that the current environmental assessment for TTM 31887 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the Section 2: Section 3: 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. Pursuant to Government Code Section 66473.5the 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 and any applicable specific plan. Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is H43130 and M15, high density residential and medium density residential, respectively. The General Plan would allow 46 dwelling units on the project site. The applicant is proposing 38 units and therefore, is well within the density parameters of the General Plan. 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 31887. Code relief to distance between buildings to be reduced from 15 feet to 10 feet minimum, front yard setbacks from 25 feet to 12 feet minimum, height from 24 feet to 34 feet maximum and parking space numbers from 114 to 79 minimum have been determined to be compatible with overall goals and policies of the General Plan. Those include but are not limited to Land Use Element residential land use objective 3.3d, "The provision of residential land uses in and adjacent to the downtown area," and 3.3b, "Sound, healthful and attractive residential areas based on the low -density space and occupancy standards appropriate for Palm Springs and the open desert character of Palm Springs living." Additionally, the General Plan specifically mentions the redevelopment opportunities associated with the historic Downtown so that it may continue to be the attractive business, financial, entertainment, cultural and fashion shopping "heart" of Palm Springs and the Coachella Valley. In support of that objective the General Plan continues in Section 3.17.12 to specifically mention the project area 'south of the Fashion Plaza' to continue redevelopment to include high -quality residential, resort or hotel development at the westerly terminus of Tahquitz Canyon Way. The proposed project location is within a block of Tahquitz Canyon Way. Therefore it is concluded that the relief to certain code standards will not be in conflict with the overall intent of the General Plan. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for thirty-eight (38) two to four bedroom units on 2.7 acres of land. The proposed development is well under the maximum allowable density of 46 units, as permitted under the General Plan and Zoning Code. There will be no incompatibility issues as the subject property is surrounded by a single-family residential use to the south, a church, single-family residential and multi -family residential use to the east, multi -family residential uses to the north, and single-family and multi -family residential uses to the west. The applicant proposes a medium density residential development that will be compatible with the surrounding neighborhood. 4. 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. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment. The demolition of existing structures has been determined not to have a significant impact to any historic structures. 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. 5. 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. 6. 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. Baristo Road to the south of the project site will maintain the current street width, curb and _ gutter improvements. The applicant will be required to provide a five (5) foot wide adjacent to curb sidewalk. Lugo Road to the west has an existing fifty (50) foot wide street section with intermittent sidewalk improvements. City right-of-way maps indicate a prior sixteen (16) foot right-of-way vacation on Lugo but documentation to support recordation of that vacation is not available. The applicant will be required to obtain the vacation of sixteen (16) feet of right-of-way on Lugo Road. The applicant will also be required to provide an five (5) foot wide adjacent to curb sidewalk on Lugo Road. Cahuilla Road has an existing forty-five (45) foot wide street section. The applicant will be required to obtain the vacation of five (5) feet of right-of-way of Cahuilla Road in order to construct bay parking. The low vacation of Lugo and Cahiulla Road right-of-way is not in conflict with the General Plan. The applicant will be required to provide bay parking and a five (5) foot wide decorative paving walkway between the bay parking and the development. The City of Palm Springs will request a five foot wide easement to accommodate the pedestrian walkway. The 24- foot wide common drive aisles providing internal circulation for the project will be privately maintained. 1 4: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: 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. Pursuant to the Zoning Ordinance for the underlying R-2 and R-3 zones, multi -family residential development is a permitted use. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of a one lot subdivision and tentative tract map of 2.7 acres to provide for the construction of 38 condominium units, twelve (12) two-story triplex buildings and one (1) single -story duplex building. The project will include a central recreational area of pool, spa and cabanas. The project site was previously developed and will require the demolition of a church, a duplex, two single-family residences and a paved parking lot. The project is not gated and includes wall placement in an irregular pattern between units with multiple pedestrian access points. Vehicular access will provided at two entryways, one from Lugo Road and one from Cahuilla Road. This multi -family residential project is in harmony with the objectives of the General Plan, is desirable for the development of the community and is not detrimental to the existing or future uses specifically permitted in the zone for which it is proposed. 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. The project site is 2.7 acres and is of adequate size to accommodate said use. Pursuant to the development standards for the R-2 and R-3, limited multi -family residential and multiple -family residential and hotel zone standards, respectively, the proposed project presents a more creative approach in the development of land and creates a harmonious in -fill development in a single and multiple family historic neighborhood. Density standards for numbers of dwelling units proposed is below those permitted by the zoning designation. Surrounding street facades are staggered with multi -level structures, walls, courtyards and pedestrian accessways. The intent of the project is to blend with the adjacent neighborhood rather than stand apart as a walled and gated island. This Planned Development District intends to maintain good zoning practices while including certain desirable departures from the strict provisions of the R-2 and R-3 zoning classifications. Therefore, it is determined that the site for the intended use is adequate in size and shape to accommodate said use. d. 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 project will contribute to improvement of the existing street system that will serve the site, and with said improvements, the public street system will be adequate to carry the type and quantity of traffic to be generated by the proposed use. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The ponditions imposed are necessary to bring the project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council order filing of a Mitigated Negative Declaration and approve TTM 31887 and PD - 288, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 26' day of November, 2003. AYES: Shoenberger, Matthews, Grence, Wright NOES: ABSENT: ABSTAIN: Conrad, Marantz, Hochanadel ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Pla ing Commission C airman Planning CcInmission Secretary J