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HomeMy WebLinkAboutPC Resolution _5045- Case 5.0886- A- CUPRESOLUTION NO. 5045 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR ADOPTION OF A CONDITIONAL USE PERMIT FOR THE SMOKETREE INN, LOCATED AT 1800 SMOKE TREE LANE, ZONE CSC, SECTION 25. WHEREAS, Lawrence Miller ("Applicant") has filed an application with the City on behalf of the Smoketree Inn pursuant to Section 94.02.00 of the Zoning Ordinance for the conversion of one half of the multi -purpose building into two additional studio apartments, located at 1800 Smoke Tree Lane, Zone CSC, Section 25; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.0886-A - CUP was given in accordance with applicable law; and WHEREAS, on December 14, 2005, a public hearing on the application for architectural approval 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"), the project has been determined to be Categorically Exempt pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. 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 presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 92.25.00(C)(1) the Planning Commission makes the following finding for the Resort Overlay Zone: 1) ...the proposed use is compatible with its surroundings... The proposed project is compatible with the surrounding properties because its is consistent with the pattern of development encouraged in the Area Plan. 2) ...the site in question is not appropriate for other uses allowed by right within the underlying zone "Renovation and expansion of the Smoketree Inn is encouraged" within the Smoketree Area Plan. Since the project is current multi -family residential apartments, the expansion of the property to include two more units is consistent with the goals of the area plan and the site is therefore not appropriate for other uses in the underlying zone. Section 2: Pursuant to Section 94.02.00(B)(6) of the Zoning Code, the Planning Commission makes the following findings for the Conditional Use Permit: 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Per Section 92.11.01(D)(7) of the City of Palm Springs Zoning Code, multi -family residential uses are permitted with the approval of a conditional use permit in the CSC zone. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and 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 proposal is consistent with the stated policies of the General Plan, specifically the Smoketree Area Plan in that expansion and renovation of the Smoketree Inn is encouraged specifically in the Area Plan. The new use will be in harmony with the elements and objectives of the General Plan and will not be detrimental to existing surrounding land uses which are also governed by the Area Plan. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The facility is an existing structure that is being converted into a new use and the adequacy of parking for the site has already been established. The development standards for the site are consistent with the City's requirements. 4) 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. There is an existing circulation improvement designed to cater to the type and quantity (`� of anticipated traffic to be generated by the use. The addition of two additional studios v is unlikely to have a significant impact on the quantity of traffic generated by the site. 5) 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 modification of the zone's property development standards. Such conditions may include: a. Regulation of use b. Special yards, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. k. Regulation of time for certain activities I. Time period within which the proposed use shall be developed m. Duration of use n. Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. The proposed permit is for a change of use within an existing structure and staff has not made any modifications to the existing site plan. Upgrades to the property will be required as repairs and maintenance are proposed for the property in conformance with the requirements of the zoning code. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.0866-A Conditional Use Permit. ADOPTED this 14t' day of December, 2005. AYES: 6 1 H utcheson/Cohen/Marantz/H ochanadel/Roath/Ring lei n NOES: ABSENT: 1 1 Shoenberger ABSTAIN: ATTEST: r ommis n Secretary CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 5045 EXHIBIT A Case No. 5.0886-A SmokeTree Inn 1800 Smoke Tree Lane December 14, 2005 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 Services, 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. PROJECT SPECIFIC CONDITIONS ADMINISTRATIVE 0 1. The proposed development of the premises 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. 2. 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 Case 5.0886-A. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filled with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is tiled. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee shall be payable prior to the issuance of building permits. FINAL DESIGN 7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 8. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturers cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 9. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 10. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 11. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 12. All materials on the flat portions of the roof shall be earth tone in color. 13. All awnings shall be maintained and periodically cleaned. 14. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 0 15. The street address numbering/lettering shall not exceed eight inches in height. 16. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 17. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 18. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 19. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 20. The applicant shall provide all tenants with Conditions of Approval of this project. 21. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 22. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 23. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the maim entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 24. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00. C.10. 25. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 26. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 27. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 28. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning F Ordinance shall be met. Details to be provided with final landscape plan. 29. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 30. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 31. Tree wells shall be provided within the parking lot and shall have a planting area of six I feet in diameter/width. POLICE DEPARTMENT 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT Prior to any construction on -site, all appropriate permits must be secured. m