HomeMy WebLinkAboutPC Resolution _6246- Case 5.1160 AMND PD 341 TPM 35989 AMDINN: kiI1101111 1,lox:YZIi:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING CASE
5.1160 AMND PD 341; A MAJOR AMENDMENT TO
PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341
SEEKING TO ESTABLISH THE PDD AS A PDD IN LIEU OF A
CHANGE OF ZONE FROM REO TO RA, AND
RECOMMENDING DENIAL BY THE CITY COUNCIL OF
CASE 5.1160 AMND PDD 341 AND AMENDED TENTATIVE
PARCEL MAP 35989 FOR SUBDIVISION OF A ROUGHLY 10
ACRE PARCEL INTO THREE LOTS AND DEVELOPMENT OF
AN ASSISTED LIVING FACILITY ON AN APPROXIMATELY
4.62 NET ACRE LOT WITHIN THAT PARCEL MAP LOCATED
AT THE NORTH OF TAHQUITZ CANYON WAY, WEST OF
HERMOSA DRIVE, SECTION 14.
WHEREAS, O & M Tahquitz, LLC (the "Applicant") has fled an application with the City
pursuant to Section 94.03.00 (Planned Development District) and 94.07.00 (Map Change /
Change of Zone) of the Palm Springs Zoning Code, for a major amendment to Planned
Development District No. 341; and
WHEREAS, the "Applicant" has filed an application with the City pursuant to Section
9.62.010 of the Palm Springs Municipal Code, for an amendment to Tentative Parcel Map
No. 35989; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1160 AMND-PD341, TPM AMND 35989, was given in
accordance with applicable law; and
WHEREAS, on December 14, 2011, a public hearing on the applications were 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 for this project and has been distributed for public review and comment in
accordance with CEQA; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning
Commission has considered the effect of the proposed project on the housing needs of the
region, and has balanced these needs against the public service needs of residents and
available fiscal and environmental resources; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meetings on the project, including but not
limited to the staff report, and all written and oral testimony presented.
Planning Commission Resolution No. 6246 January 11, 2012
5.1160 AMND-PDD 3411AMND TPM 35989 Page 2 of 5
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Planned Development District Findings.
Findings for a Planned Development District in lieu of a Change of Zone are found in
Zoning Code Section 93.07.00 (Change of Zone). The proposed project is evaluated
against the findings as follows:
a. The proposed planned development is consistent and in conformity
with the general plan and report.
The proposed development of an assisted living facility on one of the three lots in the
proposed parcel map is not consistent with the General Plan and Specific Plan. The uses
and development standards set forth in these documents permit tourist -oriented retail,
entertainment and office uses complementary to and integrated with, the nearby
convention center. The development proposed in this PDD neither conforms to the
permitted uses nor the development standards of the R-E-O or the R-A land use
classifications of the Section 14 Specific Plan for the following reasons:
Section 6.1.1 and 6.1.2 — Permitted Uses. Assisted Living Facilities are not a
permitted use in either the R-E-O or the R-A land use classifications. 0
Section 6.2.1 Density: The proposed density of 0.72 FAR well exceeds the
maximum allowable density of 0.38 FAR of the R-E-O and R-A land use
classifications.
Section 6.2.6 Compatibility with surrounding development: The development
proposed with the PDD proposes a building which is not fully developed on all sides
with equivalent design quality, nor does it reflect the "festive architectural character"
envisioned by the Specific Plan.
Section 6.2.7 and 9: Tahquitz shall be the primary frontage and there shall be direct
pedestrian access: The PDD includes a development proposal in which the main
entry is oriented away from Tahquitz Canyon Way. It proposes a building whose
main pedestrian and vehicular entry is on a gated internal private drive and parking
lot with no direct means of pedestrian entry along Tahquitz Canyon Way.
Section 6.2.10 Building Placement shall be close to Tahquitz. The PDD proposes a
development with front yard setbacks of over thirty (30) feet, instead of the 20 feet
denoted in the Specific Plan.
Section 6.2.8 Ground Floor Pedestrian -Oriented Development. The PDD seeks
approval of an assisted living facility use which has no pedestrian -oriented features
along the ground floor.
Planning Commission Resolution No. 6246
5.1160 AMND-PDD 341/AMND TPM 35989
January 11, 2012
Page 3 of 5
For these reasons the project is not consistent with the General Plan or the Specific Plan.
b. The subject property is suitable for the uses permitted in the proposed
planned development district, in terms of access, size of parcel, relationship
to similar or related uses, and other relevant considerations.
The parcel is not suitable for the proposed use because an assisted living facility use is not
consistent with, and has little relationship to similar "by -right" uses such as hotels and
tourist -resort retail, entertainment, commercial and office uses. The Specific Plan denotes
the area in which the parcel is located should be "a bold, integrated specialty
shopping/entertainment complex that is linked to the Convention Center..."
C. The proposed establishment of the planned development district is
necessary and proper, and is not likely to be detrimental to adjacent property
or residents.
The Planned Development District in lieu of a Change of Zone which proposes an assisted
facility use on a parcel in such close proximity to the City's Convention Center would be
detrimental and incompatible to future tourist -resort uses such as hotels and commercial /
retail uses that are "by right" for the Retail — Entertainment - Office land use classification
and the Resort - Attraction land use classification which is proposed.
Section 3: Findings for the Tentative Parcel Map.
The findings required for the proposed Tentative Map are pursuant to Section 66474 of the
California Subdivision Map Act. The project is evaluated against these findings as follows:
a. The proposed Tentative Tract Map is consistent with all applicable
general and specific plans.
The Tentative Parcel Map is not consistent with the Specific Plan because Parcel 3 is less
than the minimum 2 gross acre lot size required.
b. The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
The proposed development of an assisted living facility on one of the three lots in the
proposed parcel map is not consistent with the Retail -Entertainment -Office zone I land use
classification. This land use zone envisions lively commercial uses that are integrated by
means of internal paseos and pedestrian walkways with the City's convention center.
Furthermore, the proposed architecture and design of the assisted living facility does not
�. meet the development standards and guidelines of the Specific Plan. These standards
require pedestrian - oriented development along Tahquitz Canyon Way, buildings with
thoroughly developed facades on all sides, and design that de-emphasizes reliance on
Planning Commission Resolution No. 6246 January 11, 2012
5.1160 AMND-PDD 3411AMND TPM 35989 Page 4 of 5
motor vehicles. The Specific Plan denotes that the R-E-O zone "allows for integration and
concentration of large-scale specialty retail, restaurant, entertainment and office
development along portions of Tahquitz Canyon Way..." and that "
...large scale assort
hotel complexes, hotels and major commercial recreation attractions integrated with retail
and entertainment facilities..." be developed in the Resort — Attraction land use
classification. The design and improvements proposed in this project and proposed
parcels sizes in the parcel map are not suitable to, or supportive of, this type of
development.
d. The site is physically suited for the proposed density of development.
The proposed density of 0.72 FAR is almost double the maximum allowable density of 0.38
for the Resort — Entertainment — Office land use classification which is the same maximum
density permitted in the Resort — Attraction land use classification which is proposed by the
applicant.
Section 4: Findings for the Resort Combining Overlay Zone
The project is located within the Resort -Combining overlay zone. Section 92.25.00 of the
Zoning Code states that:
"...the planning commission (shall) make findings 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."
The project is located in an area of the City designated for tourist -related uses such as
large scale hotels, retail, commercial and entertainment uses. The site in question is in
close proximity to the City's Convention Center. An assisted living facility is not an
appropriate use in this location because a residential use in what is envisioned to be a
vibrant commercial / entertainment 1 tourist -oriented zone would be incompatible with the
long-term vision for this area. The area in which the parcel is located is envisioned as "...a
key to the successful creation of a new, bold focus for Section 14...". The specific plan
notes, `Yhe vision for this site is one of a bold, integrated specialty shopping / restaurant /
entertainment complex that is linked to the Convention Center ... with desert oasis
landscaping and a festive architectural character." The proposed uses and the
architectural style of this development are incompatible with the vision for this part of the
City. There are other by -right uses such as hotels and other tourist -related uses that
would be more appropriate for this site.
Planning Commission Resolution No. 6246 January 11, 2012
5.1160 AMND-PDD 341/AMND TPM 35989 Page 5 of 5
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby denies the preliminary development plans for Case 5.1160 AMND
PD341, a major amendment to Planned Development District 341 which seeks to establish
the PDD in lieu of a Change of Zone, to change the zone 1 land use classification from
REO to RA, to establish assisted living facilities as a permitted use within the PDD and to
request significant deviations in the underlying development standards.
The Planning Commission further recommends that the City Council deny Case 5.1160
AMND PD341, a major amendment to Planned Development District 341, establishing the
PDD in lieu of a Change of Zone from REO to RA, establishing assisted living facilities as
a permitted use within the PDD and seeking approval of the proposed significant
deviations in the development standards of the zone and Specific Plan.
The Planning Commission further recommends that the City Council deny the amendment
to Tentative Parcel Map 35989, reducing the number of proposed lots from four to three.
ADOPTED this 11 t" day of January 2012.
AYES: 4, Roberts, Munger, Vice Chair Hudson and Chair Donenfeld
NOES: 2, Conrad and Klatchko
ABSENT: None
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
C.1 180ig inggin
P
Director of PlaServices
N