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HomeMy WebLinkAbout18731 - RESOLUTIONS - 11/15/1995 RESOLUTION NO. 18731 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT APPLICATION (CASE 5 . 0699-PD-239) SUBMITTED BY PAUL MARUT AND TRACY CONRAD FOR THE CONVERSION OF A SINGLE-FAMILY DWELLING TO AN 8-ROOM BED- AND-BREAKFAST INN, LOCATED AT 412 WEST TAHQUITZ CANYON WAY, R-1-A, SECTION 15 . WHEREAS, Paul Marut and Tracy Conrad have submitted a Planned Development District (PD) application to convert an existing single-family dwelling to an 8-room bed-and-breakfast inn; and WHEREAS, the proposed PD application includes a request for flexibility regarding existing and proposed non-conforming property development standards; and WHEREAS, the Planning Commission reviewed the subject PD application for discussion purposes only at a regularly scheduled study session on September 20, 1995 ; and WHEREAS, the Planning Commission voted to recommend approval of the project by a vote of 6-0; 1 abstention at a public hearing on ' October 25 , 1995 ; and WHEREAS, an Environmental Assessment was prepared for the project in compliance with the California Environmental Quality Act (CEQA) concluding the project will not have a negative impact on the environment; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the subject application for a Preliminary and Final Planned Development District was given in accordance with applicable law; and WHEREAS, the City Council 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 . THE CITY COUNCIL HEREBY FINDS AS FOLLOWS : Section 1 : Pursuant to CEQA, the City Council finds as follows : a. The Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines and the City' s CEQA procedures . The City Council has independently reviewed and considered the information contained in the Environmental ' Assessment/Negative Declaration and that on the basis of the Environmental Assessment and any comments received during the public review process as of this date, and in light of the whole record there will be no adverse environmental effects as a result of the approval of the project . The City Council further finds that the Environmental Assessment/Negative Declaration reflects its independent judgement . b. Pursuant to Fish and Game Code Section 711 .4, this project has y� a de minimis impact on fish and wildlife . 18731 Page 2 yL ON- Section 2 : Pursuant to Section 9403 . 00 of the Zoning Ordinance the City Council finds that : a. 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 . The proposed Planned Development District in lieu of a zone change will allow for the conversion of a single-family dwelling to an 8-room bed-and-breakfast inn, a combination of residential and commercial uses which is permitted pursuant to an approved Planned Development District . b. That the said 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 zones in which the proposed use is to be located. The proposed bed-and-breakfast inn conversion, although located in an R-1-A zone, is uniquely situated such that it is located adjacent to the downtown area which entails numerous commercial uses and tourist activities such as the Desert Museum and the Desert Fashion Plaza. The proposed General Plan Amendment, in conjunction with this Planned Development District application, will create a special district for the West Tahquitz Canyon Area allowing the existing homes to convert to bed-and-breakfast inns with a Planned Development ' District due to the unique location of this residential area. This conversion will create a more desirable :Land use relationship such that low impact tourist lodging will be provided adjacent to the Central Business District while continuing to maintain a quiet residential ambiance . Additionally, the: proposed General Plan Amendment is consistent with the General Plan such that Policy 3 . 17 . 12 of the Land Use Element states that high-quality residential, resort or hotel development is appropriate at the westerly terminus of Tahqui.tz Canyon Way. C . That 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 cr permitted future uses of land in the neighborhood. The proposed project does not include new construction except for minor exterior upgrades such as the installation of a swimming pool, upgrading of the parking area and installation of upgraded landscaping. The existing structure entails non- conforming property development standards which are not affected as a result of this project except for the location of one of the parking spaces . The existing structure exceeds ' the maximum height by six feet (the Zoning Ordinance allows a maximum height of 30 feet; the total structure is 36 feet high) , a small portion of the west side of the building encroaches one foot into the required ten foot side setback, and one of the proposed parking spaces is located approximately three feet from the front property line as opposed to the required minimum setback of ten feet . The existing structure is listed with the City' s Historic Resources Survey; requiring portions of the building to be removed in order to comply with the required property R18731 Page 3 development standards for height and the west side setback, the historical integrity of the existing house could be undermined and it would cause an economic hardship to require ' such demolition and subsequent reconstruction. The reduced property development standards will not negatively impact the adjacent properties due to the topography and the existing landscaping. Additionally, the small parking area is being remodeled to increase the size to accommodate five parking spaces . The parking area will now include new landscaping and decorative paving and will be located behind existing rock walls and landscaping. The one parking space which is located only three feet from the property line will not negatively impact the surrounding neighborhood regarding aesthetics, such that it will be screened with an existing wall and new landscaping. With regard to circulation, the location of the parking space will not impact circulation patters such that the proposed bed-and-breakfast will generate a low volume of trips and West Tahquitz Canyon Way is a low usage road. The proposed project will result in an upgraded property which will in turn enhance the surrounding neighborhood. 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 . The nature of the proposed bed-and-breakfast use is such that it entails only seven rooms with an additional caretaker' s ' unit, will generate only low volumes of traffic on West Tahquitz Canyon Way, and will not result in an impact on the level of service on West Tahquitz Canyon Way as defined in the General Plan. e. That the conditions to be imposed and shown on the approved site plan or in Exhibit A (as on file in the Office of the City Clerk) of this resolution are deemed necessary to protect the public health, safety and general welfare and may include minor modifications of the zone' s property development standards . f . A nexus and rough proportionality have been established for the requirement of the future off-site improvements as related to the Planned Development District . The required off-site improvements which are required by City ordinances and the General Plan Amendment (in conjunction with the subject proposal) , are related to the project . A condition of approval requires the installation of a five foot wide sidewalk along the frontage of the property, although this condition is to be deferred until deemed necessary by the Director of Public Works . The future sidewalk will provide aesthetic and safety benefits to the neighborhood and those who will utilize the bed-and-breakfast property. An ' additional off-site improvement condition requires the future participation in the establishment and installation of a street improvement plan which will divert traffic away from the west end of West Tahquitz Canyon Way. Should this be a necessary solution to regulate traffic patterns in the future, when additional development is proposed warranting such an improvement plan, the subject property would benefit from the improvement of circulation patterns and the potential aesthetic improvement of West Tahquitz Canyon Way. VC3 R18731 Page 4 �c y NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves preliminary and final Planned Development District 239, Case No. 5 . 0699, subject to those conditions set forth in the attached Exhibit A (as on file in the , Office of the City Clerk) , which are to be satisfied prior to the issuance of certificates of occupancy unless otherwise specified. ADOPTED this 15th ___day of November 1995 . AYES : Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES : None ABSENT: Member Hodges ATTEST: C TY OF PALM S1?R CALIFORNIA BYY- 'Gity Clerk ity Maia er REVIEWED & APPROVED� �Cn�y tea, 1 1