HomeMy WebLinkAboutPC Resolution _6194- Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla RdRESOLUTION NO 6194
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CASE 5.1249 PDD 358, A PLANNED
DEVELOPMENT DISTRICT APPLICATION SEEKING TO
REVISE THE DEVELOPMENT STANDARDS AND THE
METHOD FOR CALCULATING DENSITY FOR AN
ASSISTED LIVING FACILITY ON A ROUGHLY 0.88 ACRE
PARCEL AT 430 CAHUILLA ROAD; ZONE R-3 SECTION
15; APN 513-212-002.
WHEREAS, Palm Springs Treatment Centers, LLC, "applicant", has filed an application
with the City pursuant to Sections 94.02.00 (Conditional Use Permit) and 94.03.00
(Planned Development District) of the Zoning Code seeking approval for an assisted
living facility use at an existing facility located at 430 South Cahuilla Road and seeking
adjustment in the development standards of the R-3 zone and method for calculating
density for an assisted living facility at this specific site; and
WHEREAS, a notice of public hearing for Case 5.1249 PDD 358 was given in
accordance with applicable law; and
WHEREAS, on April 27, 2011, a public meeting on Case 5.1249 PDD 358 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 is determined to be Categorically
Exempt pursuant to CEQA guidelines as a Class 1 (Existing Facilities) exemption; 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, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the project is determined to be a Class 1 (Section 15301) Categorical
Exemption (Existing Facilities),
Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit) and Section
94.03.00 (Planned Development District), the Planning Commission finds
as follows:
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.
Pursuant to Section 92.03.01(A)(2), assisted living facilities are allowed with a
Conditional Use Permit in the R-3 zone. The project therefore conforms to this finding.
Planning Commission Resolution No. 6194 April 27, 2011
Case 5.1249 PDD 358 Assisted living Facility at 430 South Cahuilla Road Page 2 of 4
2) That 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 use of this site for an assisted living facility is a residential type use which
is consistent with the Small Hotel Land Use designation in the General Plan. The site
has been used as a substance abuse recovery center for many years and is in harmony
with the surrounding existing neighborhood which is a mix of small hotels, restaurants
and private residential homes. The proposed site was originally a small apartment -
hotel. Often the limited number of rooms in small aging hotels makes them
economically unfeasible to operate as a tourist hotel. The applicant has determined
that an assisted living facility is viable adaptive reuse for this small, older hotel. Thus
the proposed use is desirable for the development of the community not only for the
substance abuse recovery services that it provides to the community, but also in
keeping an otherwise obsolete facility as a viable economic use. Thus, the proposed
use is not detrimental to existing or future uses. The proposed use is in harmony with
the general plan as noted in the following goals and policies from the General Plan
Housing Element:
Goal HS1: "Facilitate a broad range of housing types, prices and
opportunities to address current and future housing needs in the
community."
The project addresses a special type of supportive housing need for persons recovering
from alcohol and substance abuse that cannot otherwise be accommodated with
conventional housing units. Thus the project contributes to the provision of a broad
range of housing types within the City.
Policy HS1.6: "Provide for various regulatory and financial incentives to
encourage well designed housing, special needs housing, and housing
affordable to households of different income levels."
As a recovery center for those seeking treatment for substance abuse, the facility
provides a unique type of special needs housing. The PDD establishes a methodology
for calculating density that allows slightly greater bed count than the standard
methodology of the zoning code. It does so by linking it to off-street parking capacity.
This assures a stable density that does not exceed the capacities of the site while
providing a regulatory incentive for providing a unique special need type of housing.
The project is therefore supportive of this policy.
Policy HS3.2: "Assist... in the development of emergency, transitional
and permanent supportive housing, and the provision of supportive
services..." 0
As a fully staffed facility, the proposed project will provide a source of permanent, but
short term housing that provides supportive services for those seeking treatment and
Planning Commission Resolution No. 6194 April 27, 2011
Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 3 of 4
recovery from substance abuse and addictions. The project is harmonious with this
policy.
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 flat site is roughly 0.88 acres and contains existing structures that were built with
permit many years ago. Although some of the existing conditions do not conform to the
contemporary zoning code, the conditions are considered "legal non -conforming".
Furthermore with the proposed PDD the existing non -conforming conditions can be
established as the recognized legal standards within the PDD. The site has existing
and proposed parking totaling 18 spaces, as well as mature landscaping, walls and
other features that provide privacy and separation between the various uses in the
immediate vicinity. The number of dwelling units proposed is nine (9), and the number
of patient beds is thirty (30). The design provides the required off-street parking.
Therefore, the site is adequate for the proposed use.
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.
The site fronts a local street (Cahuilla) and a collector street (Belardo). Bay parking on
the project is primarily located along Cahuilla Road with two spaces on Belardo Road.
The adjacent roadways are developed to carry the type and quantity of traffic generated
by the proposed use because the roadway network as shown in the General Plan is
capable of accommodating the proposed land use density without adverse impacts or
reductions in Level of Service (LOS). The Planning Commission has therefore
concluded that the site adequately relates to the circulation network of the City.
A draft set of conditions of approval necessary to ensure compliance with the Zoning
Ordinance requirements and to ensure the public health, safety and welfare are
proposed and included in Exhibit A.
Section 3: Pursuant to Zoning Code Section 92.25.00 "Resort Combining Overlay
Finding" The "R" resort overlay zone is intended primarily to provide for
accommodations and services for visitors to Palm Springs, while guarding
against the intrusion of competing land uses. Section 92.25.00 requires
that all multiple family dwellings require the approval of a conditional use
permit (CUP). Approval of the CUP may only be made if the following
finding is made:
"...that the proposed use is compatible with its surroundings and that the
site in question is not appropriate for other uses allowed by right within the
underlying zone."
Planning Commission Resolution No. 6194 April 27, 2011
Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 4 of 4
The proposed use is compatible with its surroundings which include hotels, restaurants,
and other commercial uses in the Central Business District. It proposes an adaptive
reuse for one of the City's smaller older apartment hotels. In doing so, it retains the
density, quaintness and atmosphere of one of the existing small hotels in the Tennis
Club Neighborhood that might otherwise be lost with a newer, denser type of
redevelopment possible within the R-3 zone.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1249 PDD 358 for the establishment of an
assisted living facility at 430 South Cahuilla Road and to adopt minor adjustments in the
development standards and method for calculating density for an assisted living facility
at this specific site.
ADOPTED this 271h day of April 2011.
AYES: 4, Donenfeld, Munger, Klatchko and Chair Caffery
NOES: 2, Hudson and Conrad
ABSENT: None
ABSTAIN: None 0
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Ewing, CP
ector of Pla ng Services
N
RESOLUTION NO.6194
EXHIBIT A
Case 5.1249 PDD 358
Palm Springs Treatment Centers LLC "Michaels' House"
430 South Cahuilla Road
April 27, 2011
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 Director of
Building and Safety, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect_Description. This approval is for the project described per Case
5.1249 PDD 358; except as modified with the approved Mitigation Monitoring
Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (January 24, 2011),
including site plans, architectural elevations, landscaping, on file in the
Planning Department except as modified by the conditions below.
ADM 3. Conform to all Codes and Re ulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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 5.1249 PDD 358. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against
m
Resolution No. 6194
Conditions of Approval
Case 5.1249 PDD 358 Michael's House at 430 Cahuilla Road
Page 2 of 4
April 27, 2011 0
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 judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, 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. 0
ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 8. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
ensure that customers do not loiter, create noise, litter, or cause any
disturbances while on -site. The Police Chief, based upon complaints and/or
other cause, may require on -site security officers to ensure compliance with
all City, State, and Federal laws and conditions of approval. Failure to comply
with these conditions may result in revocation of this permit, temporary
business closure or criminal prosecution
ADM 9. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems regarding the operation of the
establishment; as determined by the Chief of Policy or the Director of Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in
enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
Resolution No. 6194
Conditions of Approval
Case 5.1249 PDD 358 Michael's House at 430 Cahuilla Road
Page 3 of 4
April 27, 2011
ADM 10. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
PLANNING DEPARTMENT CONDITIONS
PLN 1. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 2. Maintenance of Awnings & Pro'ections. All awnings shall be maintained and
periodically cleaned.
PLN 3. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 4. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 6. No off -site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 7. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
Resolution No. 6194
Conditions of Approval Page 4 of 4
Case 5.1249 PDD 358 Michael's House at 430 Cahuilla Road April 27, 2011
PLN 8. Patients are to exit and enter via the Belardo Road entry gate as opposed to
the Cahuilla Road gate.
PLN 9. Outside group activities (such as volley ball, etc) are to be conducted on the
eastern portion of the site.
PLN 10. add any additional conditions imposed by the City Council here
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
STREETS
CAHUILLA ROAD"
ENG 1. An application for an Encroachment Agreement shall be submitted to the
Engineering Division to allow the existing bay parking along the S. Cahuilla
Road frontage of the subject property to be maintained within that portion of
the public right-of-way. The Encroachment Agreement shall be executed by
the owner(s) and approved by the City prior to approval of the Final
Development Plan by the Planning Commission.
BELARDO ROAD:
ENG 2: An application for an Encroachment Agreement shall be submitted to the
Engineering Division to allow the bay parking along the Belardo Road
frontage of the subject property to be maintained within that portion of the
public right-of-way. The Encroachment Agreement shall be executed by the
owner(s) and approved by the City prior to approval of the Final Development
Plan by the Planning Commission.
FIRE DEPARTMENT CONDITIONS
FID 1. (No Conditions)
END OF CONDITIONS
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