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HomeMy WebLinkAbout19229 - RESOLUTIONS - 4/15/1998 RESOLUTION NO. 19229 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, PRELIMINARY PLANNED DEVELOPMENT DISTRICT NO. 249/CASE 5.0760, IN LIEU OF A CHANGE OF ZONE TO ERIC HEMSTREET, FOR A 140 UNIT ASSISTED ' CARE LIVING APARTMENT COMPLEX AT THE NORTHWEST CORNER OF BELARDO ROAD/WEST SUNNY DUNES, R-2 AND R-1-A ZONES, SECTION 22. - - - - - - - - - - - - WHEREAS, Eric Hemstreel, (the "applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code for a Preliminary Planned Development District (PDD) in lieu of a change of zone for a 140 unit assisted care living apartment complex at the northwest corner of Belardo Road and w. Sunny Dunes, R-2 and R-1-A Zones, Section 22; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Pahn Springs to consider Applicant's Application for PDD No. 249/Case 5.0760 was given in accordance with applicable law; and WHEREAS, on Match 11, 1998, a public hearing on the application for PDD No. 249/Case No. 5.0760 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed PDD No. 249/Case No. 5.0760 is considered "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and a Mitigated Negative Declaration has been prepared for this project and has been distributed for public review and comment in ' accordance with CEQA; and WHEREAS, at the conclusion of its public hearing on March 11, 1998, the Planning Commission. adopted Resolution No. 4575, recommending that the City Council approve Prelhnhnary Planned Development District No. 249/Case No. 5.0760, subject to the findings and conditions stated in Resolution No. 4575; and WHEREAS, notice of a public hearing of the City Council of the City of Pahn Springs to consider Applicant's Application for PDD No. 249/Case 5.0760 was given in accordance; with applicable: law; and WHEREAS, on April 15, 1998, a public hearing on the application for PDD No. 249/Case No. 5.0760 was held by the City Council 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, and all written and oral testimony presented. THE CITY COUNCIL,HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: ' The final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses any significant environmental effects of the proposed Project, and that, on the. basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a R19229 Page 2 result of the approval of this Project. The City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. Section 2: Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a I' planned development district is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance, the eastern one-half portion of the subject site is zoned R-2 (Limited Multiple). The western one-half portion of the site is zoned R-1-A (Single Family Residential - 20,000 sq. ft. minimum lot size). Currently, the applicant would be allowed to construct 64 units on the eastern portion of the site and 10 single family residences on the western portion of the site. There is a conditional use permit provision in the ordinance that allows elderly board and care facilities subject to the number of beds permitted in a facility shall be determined by multiplying the number of units permitted under the applicable zoning/general plan standards by the average household size for the City which currently is 2.14 residents. The applicant would then be allowed 137 beds on the eastern portion of the site and 11 beds on the western portion of the site proposed to be developed on Ilse R-1-A portion of the site for a project total of 148 beds. An additional four single family residences could be permitted on the remaining portion of (be R-1-A properly that is proposed to remain as open space. Hence, the project would comply with the "people density" provisions under a conditional use permit application; however, since the applicant is proposing to modify property development standards, a planned development district application in lieu of change of zone application was submitted. Planned Development Districts are intended to include a range it housing types provided General Plan densities are not excluded. b. The use applied for 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 proposed to be located. The proposed 140 unit assisted apartment complex will be located on ten acres. The eastern portion of the site is designated M15 - (Medium Residential - 15 units per acre) whereas the western portion of the site is zoned R-1-A (Single Family Residential - 20,000 square feet minbuum lot size). The objective of the M15 designation is to provide for a medium residential density not to exceed 15 units per acre. As discussed above, the subject project would comply with the "people density" provisions under a conditional use permit application. The applicant has hncorporaled substantial setbacks and site grading to reduce the visual impact of the proposed height of the buildings and therefore would be less of an impact if development was constructed on the site at the maximum height standards and minimunn setbacks. In addition, ,since this is a senior citizen complex, it is not anticipated to generate an unusual amount of human activity. Thus, the project should not be detrimental to existing uses in the surrounding area. c. The site for the intended use in 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 the land in the neighborhood. The subject site is ten acres in size which meets the minimum lot size of 20,000 square feet. The R-2 zone has a maximum height requirement of twenty-four (24) feet and shall not exceed more than two (2) stories. The R-2 zone has a setback requirement of 25 feet for the front yard and 28 feet for the side yards not abutting R-1-A property. The R-2 zone requires that when property abuts R-1 zoned property, all structures within 150 feet of the R-I zone property shall have a height of not greater than 18 feet and shall not exceed one (1) story. This setback may vary if the average setback is 150 feet and Ilse Commission determines that there are no detrimental effects. The west boundary and the western portion of the R19229 Page 3 project along the north property line would be required to have an average setback of 150 feet. Although a majority of the proposed building will be 28 feet high from grade to the top of the roof, there will be, cupolas proposed at 39 feet high. Thus, the roof height does not comply with the current code and has the potential to block views looking east across the valley and west from Belardo Road. The applicant however is proposing to cut approximately four to six feet into the site to reduce the overa 11 height of the: roof line. In addition, the applicant is proposing a 168 foot setback from the east property line off of ' Belardo Road, a 58 foot setback off of the north and south property lines„ and a 240 foot setback from the west property line. If a multi-family residential project was built on the eastern portion of the site and if only single family residences were constructed on the western portion of the site that met the maximum height standards and minimum setbacks, the line of site looking east and west would be more of an impact than what is currently proposed. A field visit using balloons was conducted to reflect the height of the proposed 39 foot high cupulas and 28 foot high roof. Through the use of balloons, if single family residences were constructed on the western portion of the site, those roof lines would be higher than the cupulas which are located in the central portion of the site. In regard to the average 150 foot setback requirement along the portion of the subject property that abuts R-1-A property, the proposed complex will have approximately 200 linear feet that is within 150 feet of the R-1-A property. The proposed setback of this portion of the complex will range from 58 feet to 115 feet for an average of 86.5 feet due to the layout of the complex. The remaining 270 linear feet that abuts the R-1-A property is proposed to remain as open space. Hence, over half of the property that abuts R-1-A property will remain as open space and will not effect scenic views to tine south reducing the visual impact. As mentioned earlier, if the site was built out per the maximum height requirements and minimum setbacks, increase visual impact would occur. 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. Conditions of this project will require dedication of right-of-way along Belardo Road so that the street can be developed to the ultimate right-of-way as required by the General Plane such that this roadways will not be negatively impacted by trips generated from this project. The applicant will also be required to construct curb and gutter improvements at the: southeast corner of the project to tie in with the Belardo Bridge when it is constructed. e. The conditions to be imposed and shown on the approved site plan are deemed necessary, to protect the public health, safety and general welfare, including any minor modifications of the zone's property development. standards. All proposed conditions of approval are necessary to erasure public health and safety, including, but not limited to, the requirements for median islands, curb, gutter and sidewalks. f. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the tentative parcel map. ' The right-of-way dedication and off site improvements, which are required by the Zoning; Ordinance, are related to the project since the property owners must use Belardo Road and W. Sumny Dunes to access the site. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks and utilities is due: to the subject property at this time. However, the future property owners will benefit from any improvements made to Belardo Road and W. Sunny Dunes such as dedication of easements, sidewalks and future widening and Belardo Bridge if it constructed. The required dedication of right-of-way and 3�x improvements will provide safety benefits to the property owners and will aesthetically R19229 Page 4 Awl enhance the neighborhood. The developer is required to participate in the future construction of the Belardo Road bridge based upon a fain and proportionate share program to be developed in the future. The subject property is located immediately north of this future bridge and will add cumulative need for this public facility. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves PDD No. 249/Case 5.0760 in lieu of change of zone, subject to those conditions set forth in Exhibit A, on file in the City Clerk's office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 15th day of Apri 1 , 1998. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: C TY OF PALM SPRINGS, LIFORNIA 4 By �- City Clerk // ity Manager REVIEWED BY: li"� 1■