HomeMy WebLinkAbout9/5/2007 - STAFF REPORTS - 2.R. PALMSAqi
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c4` `'`P CITY COUNCIL STAFF REPORT
DATE: September 5, 2007 CONSENT AGENDA
SUBJECT: CASE NO. 5.1139/5.1140 A CHANGE OF ZONE FROM C-1 TO R-3 AND
A CONDITIONAL USE PERMIT TO ALLOW AN ASSISTED LIVING
CENTER / SUBSTANCE ABUSE RECOVERY CENTER AT 1404 NORTH
PALM CANYON DRIVE, THE LAS PALMAS HOTEL.
FROM. David H. Ready, City Manager
BY: Planning Services
SUMMARY
On July 25, 2007, the City Council upheld an appeal by Spencer Recovery Centers, and
overturned the Planning Commission's denial of Case # 5.1139 / 5.1140 and directed
staff to prepare an ordinance and resolution of approval. The project is a request for a
Change of Zone from C-1 to R-3 and a Conditional Use Permit to convert the Los
Palmas Hotel (1404 North Palm Canyon Drive) to an assisted living center/substance
abuse recovery center. A draft ordinance and resolution reflecting the Council's action
are attached herein.
RECOMMENDATION:
1. Waive the reading of text in its entirety and read by title only.
2. Introduce on first reading Ordinance No._, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING
A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404
NORTH PALM CANYON DRIVE".
3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO CONVERT THE LAS PALMAS HOTEL (1404 NORTH PALM CANYON
DRIVE) TO AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY
CENTER SUBJECT TO THE CONDITIONS OF APPROVAL ATTACHED AND
INCORPORATED HEREIN AS EXHIBIT "A"."
ITEM NO._9 1=
City Council Staff Report
September 5, 2007 -- Page 2
Case No 5.1139/5 1140 CZ/ CUP for The Las Palmas Hotel at 1404 North Palm Canyon Drive
STAFF ANALYSIS.-
Staff has provided a draft ordinance approving a Change of Zone. The findings for the
Change of Zone were set forth on pages 5 through 10 of May 23, 2007 Planning
Commission Staff Report, which is attached hereto. Staff has also prepared a
resolution approving the Conditional Use Permit along with a revised set of Conditions
of Approval including the additional conditions required by the Council as follows:
Condition No. 2 limits the use of property to a substance abuse recovery
center and requires the applicant to provide the City with evidence of all
required State of California licensing for the operation of a substance
abuse recovery Center, and
Condition No. 3 expressly requires the applicant to comply with all City
regulations and ordinances concerning noise abatement and nuisance
abatement relative to the specific use of this property.
Staff also notes that Condition No. 1 provides that the CUP is not effective until the
effective date of the Change of Zone.
FISCAL IMPACT: No fiscal impact.
A Lwing, ICP, Director Thomas Wilson
Planning Servides Assistant City Manager
David H. Ready, City Ma r
Attachments:
Draft Ordinance
Draft Resolution
Revised Conditions of Approval dated 9-5-07
Action minutes from City Council Meeting of July 25, 2007
Planning Commission Staff Report dated May 23, 2007
Legal Description of property at 1404 North Palm Canyon Drive
000aa2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE
ZONING MAP BY APPROVING A CHANGE
OF ZONE FROM C-1 TO R-3 FOR THE
PROPERTY LOCATED AT 1404 NORTH
PALM CANYON DRIVE,
THE CITY COUNCIL OF THE PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Pursuant to Section 94.07.00 of the Palm Springs Zoning Ordinance, the
official zoning map of the City of Palm Springs, referred to herein, is hereby amended
as follows:
The property located at 1404 North Palm Canyon Drive (Assessors Parcel No. 505-184-
011), and more particularly described on Exhibit A shall be changed from C-1 to R-3
(Planning and Zoning Department, Case 5.1140 CZ).
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify
to the passage of this Ordinance, and to cause the same or summary thereof or a
display advertisement, duly prepared according to law, to be published in accordance
with law.
ADOPTED THIS _ day of September, 2007.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
James Thompson, City Clerk Ron Oden, Mayor
REVIEWED &APPROVED:
I HEREBY CERTIFY THAT THE FOREGOING Ordinance No.� was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting held on the
—day of , 2007 and same was published in the DESERT SUN, a
newspaper of general Circulation on
547465 1 (�
EXHIBIT A
LEGAL DESCRIPTION
547465.1 000 0 0(P
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.1139; A CONDITIONAL
USE PERMIT TO CONVERT THE LAS PALMAS
HOTEL (1404 NORTH PALM CANYON DRIVE) TO
AN ASSISTED LIVING CENTER / SUBSTANCE
ABUSE RECOVERY CENTER SUBJECT TO THE
CONDITIONS OF APPROVAL ATTACHED AND
INCORPORATED HEREIN AS EXHIBIT "A"
WHEREAS, on May 23, 2007 the Palm Springs Planning Commission at a
noticed public hearing considered case 5.1139, a CUP by Spencer Recovery
Centers, Inc. requesting a conditional use permit to operate an assisted living
center/ substance abuse recovery center at 1404 North Palm Canyon Drive "The
Las Palmas Hotel'; and
WHEREAS, at said meeting the Planning Commission voted to deny the
application for the reasons noted in the Planning Commission resolution no's.
7009 and 7010; and
WHEREAS, on May 30, 2007 the City of Palm Springs received a letter from
Spencer Recovery Centers, Inc. appealing the decision of the Planning
Commission to the City Council, and
WHEREAS, pursuant to Municipal Code Chapter 2.05, the City has established a
procedure for applicants to appeal the decisions of an administrative officer or
agency of the City to the City Council, and
WHEREAS, in accordance with applicable law, the City Council held a public
hearing on July 25, 2007 to consider the appeal of the Planning Commission
decision on Case 5.1139, and
WHEREAS, the proposed project is considered a "project" pursuant to the terms
of the California Environmental Quality Act (°CEQA"), and has been determined
to be Categorically Exempt as a Class III exemption (Existing Facilities) pursuant
to Section 15301 of the CEQA Guidelines; and
WHEREAS, at said hearing the City Council heard and carefully considered the
Staff Report and all other written and oral testimony related to the subject appeal.
000005
Resolution No
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOLS HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Zoning Ordinance Section 92.04.01, D(1) Assisted
Living Centers are allowed with a conditional use permit (CUP) in the R-3 zone.
The following Findings for a Conditional Use Permit (CUP) are outlined in the
PSZO Section 94.02.00 (B).
a. 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;
The Palm Springs Zoning Ordinance section 92,04.01 D(1) denotes that Assisted
Living Centers are allowed with a conditional use permit (CUP) in the R-3 zone.
Thus this use is authorized by the PSZO.
b. 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 use of this site for an assisted living center would be a desirable,
harmonious, non-detrimental use at this location because:
1. It provides a valuable service to the community, that of a chemical
dependency treatment center,
2. It is a business / commercial use with clients in-residence for no more
than 28 days, a use that is very similar to the hotel use that is presently
active on the site,
3. It provides vitality in the commercial area adjacent to the site because
clients will be able to browse and patronize the surrounding
restaurants, shops and retail businesses,
4. It is a use similar in nature to adjacent resort hotel uses on adjacent
parcels along Indian Canyon Drive,
5. Because clients may not use personal vehicles for the first 21 days of
their treatment, and approximately 95% of clients do not arrive with
personal vehicles, the vehicular traffic in the community would likely be
less under the proposed use than with the present resort hotel use.
C. 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
O00006
Resolution No.
Page 3
the neighborhood,
The development on the site does not conform to present-day zoning
development standards for setbacks and minimum lot size and certainly if a
newly constructed facility of a similar use were to be proposed on this site, it
would be smaller in size than what is existing, however because the site has
been used as a resort hotel for sixty years without adverse or negative impacts
on the surrounding land uses and neighborhood, and the requested use does not
propose a more intensified use of the site, The City Council has concluded that
the site is adequate for the intended use.
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 type and quantity of traffic anticipated to be generated by the proposed use
is anticipated to be similar and possibly less intense than the existing uses
because resort hotel guests usually stay for three to four day weekend visits,
while clients of the assisted living center typically stay 28 days, thus the
proposed use is slightly less transient than the existing use at this site.
Furthermore, the applicant affirms that clients are not allowed to use their
personal vehicles for the first 21 days of their stay, and 95% of clients do not
arrive by personal vehicle, thus roadway and traffic from the site is likely to be
less under the proposed use than with the present use. The City Council has
concluded that the proposed use would have no negative impact on streets and
highways.
e. 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:
i. Regulation of use,
ii. Special yards, space and buffers,
iii. Fences and walls,
iv. Surfacing of parking areas subject to city
specifications,
v. Requiring street, service road or alley dedications and
improvements or appropriate bonds
A Regulation of points of vehicular ingress and egress,
vii. Regulation of signs
viii. Requiring landscaping and maintenance thereof
ix. Requiring maintenance of the grounds
X. Regulation of noise, vibration, odors, etc.
xi. Regulation of time for certain activities
xii. Time period within which the proposed use shall be
Resolution No.
Page 4
developed,
xiii. Duration of use,
xiv. Dedication of property for public use,
xv. And 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 City Council has concluded that the Conditions of Approval related to the
Conditional Use Permit for this project as recommended by Staff are appropriate
and necessary. The City Council also added two conditions of approval as
follows:
1. The Conditional Use Permit for Case shall not be effective until the
effective date of the Ordinance approving Case #5.1140 Change of Zone
for 1404 North Palm Canyon Drive, "The Las Palmas Hotel" from C-1 to R-
3.
2. The project site shall be operated as a substance abuse recovery center.
Accordingly, prior to the issuance of an occupancy permit for the project,
the applicant shall provide the City with evidence that all required State of
California licensing for the operation of a substance abuse recovery center
at the subject location. Failure to continuously maintain the license or a
loss of license shall be cause to revoke this CUP.
These have been incorporated in the Conditions of Approval dated September 5,
2007,
THEREFORE the City Council of the City of Palm Springs does hereby approve
Case 5.1139 CUP subject to conditions as noted.
ADOPTED this fifth day of September, 2007
David H. Ready, City Manager
ATTEST.
James Thompson, City Clerk
00000 ?
Resolution No.
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES,
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
0 0 0 0 G
RESOLUTION NO.
EXHIBITA
Case No. 5.1139 CUP
1404 N Palm Canyon Drive
Spencer Recovery Centers Inc.
CUP request for Assisted Living Center
at the Las Palmas Hotel
September 5, 2007
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
1. The Conditional Use Permit for Case shall not be effective until the effective date
of the Ordinance approving Case #5.1140 Change of Zone for 1404 North Palm
Canyon Drive, "The Las Palmas Hotel' from C-1 to R-3.
2. The project site shall be operated as a substance abuse recovery center.
Accordingly, prior to the issuance of an occupancy permit for the project, the
applicant shall provide the City with evidence that all required State of California
licensing for the operation of a substance abuse recovery center at the subject
location. Failure to continuously maintain the license or a loss of license shall be
cause to revoke this CUP.
3. The applicant shall conform and comply with all City regulations and ordinances
concerning noise abatement and nuisance abatement relative to this property.
4. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Cade, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
5. 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
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Case 5,1139/5 1140
September 5, 2007
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 5.1139 CUP. 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 judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
6. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation 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.
7. Pursuant to Fish and Game Code Section 711.4 a Fling fee of $1,800.00 is
required.
GENERAL CONDITIONS/CODE REQUIREMENTS
1. The Conditional Use Permit approval shall be valid for a period of two (2) years.
Once constructed, the conditional use permit, provided that 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.
2. .(not used)
3. Separate architectural approval and permits shall be required for all sign
requests. A detailed sign program shall be submitted for review and approval by
the Planning Commission prior to issuance of sign permits.
4. All awnings shall be maintained and periodically cleaned.
5. All new roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 9303.00 of the Zoning
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Case 5 1139/5,1140
September 5,2007
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.
6. The street address numbering/lettering shall not exceed eight inches in height.
7. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
8. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
9. Parking shall conform to the City of Palm Springs Zoning Ordinance Section
93.06.00.
10, 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 main entrance.
11. Compact and handicapped spaces shall be appropriately marked per Section
93.06,00.C.10.
12. 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.
POLICE DEPARTMENT CONDITIONS
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT CONDITIONS
1. Prior to any construction on-site, all appropriate permits must be secured.
2. Accessibility
All code references are based on the California Building Code (CBC).
SITE PLAN:
a) Since there are only 14 parking spaces at least one "van accessible"
disabled parking space will be required to comply with CBC 112913.4.2.
The words "NO PARKING" shall be painted within the van accessible
access aisle to Comply with CBC 1129B.1&.2. Also, the provision of all of
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Case 5.113915.1140
September 5, 2007
the other signage requirements for disabled parking shall be included to
comply with CBC 112913.5. The site plan does appear to have a van
accessible disabled parking space located at space #12. \
b) A wheelchair accessible path of travel is required from the disabled
parking space leading into the property which shall comply with CBC
113313.7,1 through CBC 1133B.7.2 for walks and sidewalks.
INTERIOR PLAN:
c) Since this will be considered a Group I Occupancy for the purpose of
detoxification and a recovery facility, at least 10% of all patient bedrooms,
toilet facilities, and all public use and common areas shall be accessible to
people with disabilities and comply with CBC 110913.3.2.
d) Diagnostic and treatment areas along with any dressing rooms and
sanitary facilities shall be accessible and comply with CBC 1109B.6.
FIRE DEPARTMENT CONDITIONS:
I. Fire Department conditions were developed from Las Palmas Hotel site plans
that were received and stamped January 12, 2007 by Planning Services.
2, SITE PLAN: Prior to completion of the project, a 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall clearly
show all access points, fire hydrants, knox box locations, fire department
connections, unit identifiers, main electrical panel locations, sprinkler riser and
fire alarm locations. Large projects may require more than one page.
3. Premises Identification: Approved numbers or addresses shall be provided for
all new and existing buildings in such a position as to be plainly visible and
legible from the street or road fronting the property. (901.4A CFC) Show location
of address on plan elevation view. Show requirement and dimensions of
numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting
color to the background.
4. Fire Hydrant & FDC Location: A public commercial fire hydrant is required
within 30 feet of the Fire Department Connection (FDC). Fire Hose must be
protected from vehicular traffic and shall not cross roadways, streets, railroad
tracks or driveways or areas subject to flooding or hazardous material or liquid
releases. A field analysis of existing hydrants has not been conducted to verify
hydrant location or availability. This comment is included to make you aware that
additional fire hydrants may be required.
5. Fire Department Connections: Fire Department connections shall be visible
and accessible, have two 2.5 inch NST female inlets, and have an approved
check valve located as close to the FDC as possible. All FDC's shall have KNOXhh
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Case 5.1130/5 1140
September 5, 2007
locking protective caps. Contact the fire prevention secretary at 760-323-8186
for a KNOX application form.
6. Location of Fire Department Connections: The connection inlets must face
the street, and be located on the street side of the building. The face of the inlets
shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if
no sidewalk), and shall be 36 to 44 inches in height to center of inlets above
finished grade. No landscape planting, walls, or other obstructions are permitted
within 3 feet of Fire Department connections. The FDC and supporting piping
shall be painted OSHA safety red.
7. The address of the building served shall be clearly indicated on the Fire
Department Connection (FDC). A sign with this information shall be placed on or
near the FDC. The sign shall be constructed of metal. The sign face, lettering,
and attachment shall be made of weather and vandal resistant materials. Sign
background will be bright red. Letters will be bright white. Sign format will be
substantially as shown on the following example:
F. D. C.
SERVES
425
S. SUNRISE WAY
ALL BLDGS. IN COMPLEX
8. Valve and wafter-flow monitoring: All water-flow switches shall be electrically
monitored where the number of sprinklers is one hundred or more. (Twenty or
more in Group I, Divisions 1.1 and 12 occupancies.) All control valves shall be
locked in the open position. Valve and water-flow alarm and trouble signals shall
be distinctly different and shall be automatically transmitted to an approved
central station. (1003,3.1 CFC)
9. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry
System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC
Cap, or Decal approved for use by the City of Palm Springs Fire Department.
10, (not used)
11, Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the building/complex.
12. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards.
Show proposed extinguisher locations on the plans. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above
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Case 5,1139/5.1140
September 5, 2007
floor level. Preferred location is along the path of exit travel or near an exit door.
Extinguishers located outdoors must be installed in weather and vandal resistant
cabinets approved for this purpose.
13, Fire Alarm System: Fire Alarm System required. Installation shall comply with
the requirements of NFPA 72.
14. Residential Smoke Detector Installation With Fire Sprinklers: Provide
Residential Smoke Detectors (FIREX # 0498 accessory module connected to
multi-station FIREX smoke detectors or equal per dwelling). Detectors shall
receive their primary power from the building wiring, and shall be equipped with a
battery backup. (310.9.1.3 CBC) In new construction, detectors shall be
interconnected so that operation of any smoke detector causes the alarm in all
smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note
on the plans showing this requirement.
15. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment
shall be in accordance with NFPA 72, 760, NEC.
16. System Acceptance Test: Upon completion of the installation of the Fire Alarm
System, a satisfactory test of the entire system shall be made. The test shall be
witnessed by the fire inspector.
17, Water Supply: The water supply and location/s of fire hydrants shall be
approved prior to any work being performed on the job site. (903.1 CFC)
18, Water Systems and Hydrants: Where underground water mains are to be
provided, they shall be installed, completed and in service with fire hydrants or
standpipes (Or combinations thereof located as directed by the Fire Department)
not later than the time when combustible materials are delivered to the
construction site. (Sec. 903 CFC)
19. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed
within 250' of all combustible construction. No landscape planting, walls, or
fencing is permitted within 3 feet of fire hydrants, except groundcover plantings.
(1001.7.2 CFC)
20. Fire Flow: Required fire flow is 1,500 GPM.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
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Case 5.1139/5.1140
September 5,2007
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
NORTH PALM CANYON DRIVE
2. Dedicate an additional 5 feet to provide the ultimate half street right-of-way width
of 50 feet along the entire frontage.
3. All broken or off grade street improvements shall be repaired or replaced.
GENERAL
4. The record property owner shall enter into a covenant agreeing to underground
all of the existing overhead utilities required by the Municipal Code in the future
upon request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property owner
and submitted to the City Engineer prior to issuance of a grading permit. A
current title report or a copy of a current tax bill and a copy of a vesting grant
deed shall be provided to verify current property ownership. A covenant
preparation fee shall be paid by the applicant prior to issuance of any grading or
building permits.
MAP
5. The existing parcels identified as Lots 12 and 13 of the Palm Springs Estates No.
3, Map Book 17, Page 34, shall be merged. An application for a parcel merger
shall be submitted to the Engineering Division for review and approval. A copy of
a current title report and copies of record documents shall be submitted with the
application for the parcel merger. The application shall be submitted to and
approved by the City Engineer prior to issuance of building permit.
END
Qaaaksi
s4sxw i
PALM SPRINGS CITY COUNCIL
ACTION SUMMARY
WEDNESDAY, JULY 25, 2007
CITY COUNCIL CHAMBER
CALL TO ORDER: 6:08 P.M.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember
Mills, Mayor Pro Tem Pougnet, and Mayor Oden,
ABSENT: None,
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
REPORT OF CLOSED SESSION: No reportable actions were taken; staff did brief the
City Council that staff had settled the litigation of Jane Smith v. City of Palm Springs,
consistent with previous direction by the City Council, a copy of the Settlement
Agreement will be on file with the City Clerk. A5532.
ACCEPTANCE OF THE AGENDA;
City Clerk Thompson stated staff requested an Item be added to the Agenda which was
brought to the attention to the City after the posting of the Agenda, Authorizing the City
Manager to accept a Federal Grant for the Airport Master Plan Process in an amount
not-to-exceed $1,000,000, a 4/5ths vote is required to add the Item.
ACTION: Determine that the Item was brought to the attention of the City after the
posting of the Agenda, there is an immediate need to consider and take action on the
item; and 2) Add the Item to the July 25, 2007 Agenda as Item 2.S., AUTHORIZE THE
CITY MANAGER TO ACCEPT A FEDERAL AVIATION ADMINISTRATION GRANT IN
AN AMOUNT NOT-TO-EXCEED $1,000,000 FOR THE AIRPORT MASTER PLAN
PROCESS. Motion Mayor Pro Tom Pougnet, seconded by Councilmember Mills
and unanimously carried on a roll call vote.
City Clerk Thompson stated staff requested the City Council hear Public Hearing Item
1.G. and New Business Item 5.A. concurrently under Public Hearings.
City Clerk Thompson stated staff recommends the City Council withdraw Item 5.B. from
the Agenda at the request of the event organizer.
Councilmember Foat requested Item 2.B., be removed from the Consent Calendar for
separate discussion.
Councilmember Mills noted his business related abstention on Consent Calendar Items
21. and 2,P.
Mayor Oden requested a timeline for Consent Calendar Items 2.F. and 2.G. and noted
he would like to comment on Consent Calendar 2.Q.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote.
000017
City Council ACTION SUMMARY
July 25, 2007
Page 2
1. PUBLIC HEARINGS:
I.A. CASE NO. TPM 35507 - D. R. WEST, LLC - REQUEST TO APPROVE
TENTATIVE PARCEL MAP 35507 TO SUBDIVIDE AN APPROXIMATE
6.54 ACRES INTO THREE PARCELS FOR THE PROPOSED GENE
AUTRY PLAZA LOCATED ON THE SOUTHEAST CORNER OF RAMON
ROAD AND GENE AUTRY TRAIL:
ACTION: Adopt Resolution No. 21999, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 35507 TO SUBDIVIDE AN
APPROXIMATE 6.54 ACRES INTO THREE PARCELS FOR THE
PROPOSED GENE AUTRY PLAZA LOCATED ON THE SOUTHEAST
CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE W-M-1,
SECTION 20." Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
I.B. CASE NOS. 5.1139 / 5.1140, REQUEST BY SPENCER RECOVERY
CENTERS, INC. TO APPEAL THE PLANNING COMMISSION'S
DECISION DENYING A ZONE CHANGE FROM C-1 TO R-3 AND A
CONDITIONAL USE PERMIT TO ALLOW AN ASSISTED LIVING
CENTER / SUBSTANCE ABUSE RECOVERY CENTER AT 1404
NORTH PALM CANYON DRIVE, THE LAS PALMAS HOTEL:
ACTION: Direct staff to prepare the necessary resolution memorializing
the proceedings, granting the appeal and overturning the decision of the
Planning Commission, and include two additional Conditions of Approval
with respect to State licensing requirement regulating subsequent uses of
the property. Motion Councilmember Foat, seconded by
Councilmember McCulloch and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch,
Councilmember Mills, and Mayor Oden.
NOES: Mayor Pro Tern Pougnet.
I.C. TENTATIVE PARCEL MAP 34771 - GREGG RAPP - TO SUBDIVIDE A
3.73 ACRE PARCEL INTO TWO LOTS FOR THE PURPOSE OF
CREATING ONE ADDITIONAL BUILDING LOT, LOCATED AT 2433
SOUTHRIDGE DRIVE:
ACTION: Adopt Resolution No. 22000, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 34771 TO SUBDIVIDE A 3.73
ACRE PARCEL INTO TWO LOTS FOR THE PURPOSE OF CREATING
ONE ADDITIONAL BUILDING LOT, LOCATED AT 2433 SOUTHRIDGE
❑RIVE, ZONED R-1-A, SECTION 25, APN 510-260-029." Motion
Councilmember Foat, seconded by Mayor Pro Tern Pougnet and
unanimously carried on a roll call vote.
000018
OppA4M SA4
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Cq</FORN,P% Planninq Commission Staff Renort
Date: May 23, 2007
Case No.: 5.1139 CUP and 5.1140 CZ
Application Type: Change of Zone and Conditional Use Permit
Location: 1404 North Palm Canyon Drive; The Las Palmas Hotel
Applicant: Spencer Recovery Centers, Inc.
Zone: C-1 Retail Business Zone
General Plan: H43/21 Section 10, Township 4, Range 4
APN: 505-184-011
From: Craig A. Ewing, AICP Director of Planning Services
Project Planner: Ken Lyon, Associate Planner
PROJECT DESCRIPTION
The project is an application by Spencer Recovery Centers, Inc. for a Change of Zone
from C-1 to R-3 and a Conditional Use Permit for an Assisted Living Center. Approval
of this Change of Zone and Conditional Use Permit would allow the applicant to operate
an Assisted Living Center at 1404 North Palm Canyon Drive (The Las Palmas Hotel).
RECOMMENDATION
That the Planning Commission adopt the Negative Declaration and recommend
approval by the City Council of the request for a Change of zone for this parcel from C-
1 to R-3. Furthermore, to approve the Conditional Use Permit for Spencer Recovery
Centers, Inc. to operate a Chemical Dependency Treatment Center / Assisted Living
Center at 1404 North Palm Canyon Drive, (The Las Palmas Hotel).
0090A:J
Planning Commission Staff Report Page 2 of 9
Case 5.1139/5,1140
Date: May 23, 2007
PRIOR ACTIONS TAKEN ON THE PROJECT
There are no prior actions on this case.
BACKGROUND AND SETTING
Site Conditions:
The Las Palmas Hotel at 1404 North Palm Canyon Drive was constructed in 1947 on a
parcel comprised of lots 12, and 13 of the Palm Springs Estates Tract #3, roughly 120
feet by 140 feet, 16,740 square feet, or 0.3856 acre. The site is located in a fully
developed neighborhood of commercial, hotel, and residential uses.
Development on the site is comprised of two wood frame structures, a one story and a
two story hotel wing, a swimming pool, terrace area and on-site parking and
landscaping. It is presently operated as a resort hotel.
Proposed Use.
The requested business activity is a short term in-residence chemical dependency
treatment program / assisted living center. It is operated under State license as a
Residential Drug and Alcohol Treatment Center. Persons with drug or chemical
dependency would reside at this facility for a short period of time, generally twenty-eight
days or less while working through recovery programming.
The staff at the center provides oversight and counseling programs. Staff is comprised
of Residential Assistants (RA's), and Counselors. Staffing levels typically include three
to five persons during the day and one or two at night. RA's provide routine assistance
similar to guest services at a hotel. Counseling staff conduct small group and one-on-
one drug and alcohol counseling.
The applicant has identified the hotel's location as important to their project because it is
convenient to walk-able commercial districts with eating and shopping establishments
so the residents may assimilate into society in a healthy and saber way. In addition,
clients are not allowed to use their vehicles during the first twenty-one (21) days of their
stay and approximately 95% of the clients do not bring their personal vehicle to the site
at all (arriving instead by air and taxi).
Clients usually come from out of state locations purposefully, because the intervention
of removing the person from their local environment helps break the addiction cycle.
Distance provides an incentive to keep them enrolled for the full term of the treatment.
The socio-economic background of most clients is an affluent and often prominent
position within their own community, thus discretion and privacy provided by out-of-town
placement is also a priority.
000026
2
Planning Commission Staff Report Page 3 of 9
Case 5,1139/5 1140
Date, May 23, 2007
ANALYSIS
General Plan Land Use Conformity
The site is designated H43 / 21 on the General Plan Land Use Map, which allows for
high density residential uses. It provides for a threshold of 30 dwelling units per acre for
hotel use and a maximum density of 43 dwelling units per acre. Mixed use
residential/commercial developments in conjunction with adjacent commercial
properties may also be considered.
Table 11 Surrounding land uses, General Plan, Zoning
Land Use General Plan Zoning
North Commercial-Retail H43/21 C-1
South Commercial-Retail H43/21 C-1
East Residential Hotels H43/21 R-3
West Commercial Office RC C-1
Staff notes that parcels east of the subject site also fall under the H43 / 21 General Plan
designation and are zoned R-3 which is intended for high density apartments, hotels
and similar permanent and resort housing and certain limited commercial uses directly
related to the housing facilities.
The request for a Change of Zone from C-1 to R-3 is consistent with the H43 / 21 Land
Use Designation for this parcel.
Request for Change of Zone from C-1 to R-3
The applicant seeks to use the existing hotel as an "Assisted Living Facility" for people
recovering from alcohol and drug dependency, and must obtain a change of zone from
C-1 to R-3 for this use. The current C-1 Retail Business Zone does note allow assisted
living facilities, and is intended as a business district, primarily retail in character, with
related hotel, service, office, cultural and institutional uses. The R-3 Multi-family
Residential and Hotel Zone allows the proposed use, and other residential uses, such
as high density apartments, hotels and similar housing. Certain limited commercial
uses directly related to the housing facilities are also permitted in the R-3 zone.
In analyzing the change of zone request, staff notes that the Las Palmas Hotel reflects a
development pattern typical of small resort "motor hotels" from the post-World War II.
During this period, small resorts — often family run — were developed on the small
parcels fronting the commercial streets, with setbacks, parking and open space which
are often less than that required by the current Zoning Ordinance. These older hotels,
while somewhat dense on their sites, continue to function in a non-detrimental way
within their neighborhoods, with minimal to no disruption in circulation patterns in the
surrounding streets.
00002 '�?
Planning Commission Staff Report Page 4 of 9
Case 5,1139/5,1140
Date May 23, 2007
In considering changing the zone to allow the proposed use, staff also notes that the
tourism and travel industry is constantly changing. Visitors now expect more luxurious
grounds and more sophisticated on-site amenities. The older hotels offer a simple no-
frills option to vacation accommodations. With the exception of the smaller boutique
inns, older facilities such as the Las Palmas Hotel do not possess the aesthetic
character needed to attract the contemporary visitor. Adapting the Las Palmas Hotel to
an alternative uses such as the applicant is proposing is an effective way to maintain
the look and scale of the neighborhood, while allowing productive and profitable use of
the property.
Zoning Conformance with R-3 Standards,
The Zoning Code provides the following definition which Staff has concluded is
appropriate to apply to the type of business operated by the applicant:
An Assisted Living Facility is defined by the Zoning Code as "a special combination
of housing, supportive services, personalized assistance and health care licensed
and designed to respond to the individual needs of those who need help with
activities of daily living and instrumental activities of daily living. Supportive services
are available twenty-four hours a day to meet scheduled and unscheduled needs in
a way that promotes maximum dignity and independence for each resident and
involves the resident's family, neighbors, and friends, and professional caretakers".
Assisted Living Facilities are permitted with a Conditional Use Permit in the R-3 zone
which is adjacent to the applicants' property.
The following table illustrates the conformance of the subject property to both the
proposed R-3 and the existing C-1 zoning designations. The development on the site
does not conform to present standards in the C-1 zone nor to the standards of the R-3
zone which is proposed for the site.
Table 2: Comparison of required and proposed development standards
Required R-3 Proposed / Existing
Front Yard 30' on major thoroughfare 6 feet
Side Yard 10 feet 4' n. side , 7' s. side
Rear Yard 10 feet except any portion of a 4 feet
structure in excess of 12 feet
in height shall have a
minimum setback equal to its
height if abutting any
residential zone. (18-'6"
Building Height Max 24 feet/ 2 stories 22' at ridge 18'-6" at wall / 2
stories
Density 1,000sf min / d.0
Lot Area 20,000 SF 16,740 SF
Lot Width 130' minimum 120'
Lot Depth 175' on major thoroughfare 139.5'
4 000022
Planning Commission Staff Report Page 5 of 9
Case 5,1139/5,1140
Date: May 23, 2007
Accessory Structures 10' min setback, 10' min Spa shade structure is
height approximately 5 feet to rear
property line
Distance Between Buildings In no case shall 1 building be The two buildings on site are
closer than 15' to any other closer than 15' at their
building corners, and the on-site
buildings are closer than 15'
to buildings on adjacent side
lot parcels.
Landscaping 45% of the site area as usable Landscape, recreation and
landscaped open space & open space comprises
outdoor living & recreation roughly 36% of the total lot
area. area.
Front Yard 5 feet 6 feet
Side Yard See note under rear yard 4' n. side), 7' s. side
Rear Yard Where C-1 abuts a residential 4 feet
zone, there shall be a 20 foot
minimum yard setback
Building Height Max 30 feet 22' at ridge 18'-6" at wall 12
stories
Density No requirements w
Lot Area 20,000 _ 16,740 SF
Required R-3 Proposed/Existing
100 minimum 120'
Lot Depth 150' minimum 139.50
Minimum Building Area _2,0_00 square feet
Landscaping 50% of all yard areas created Landscape, recreation and
as a result of minimum open space comprises 36% of
building setbacks shall be the total lot area.
landscaped, the balance may
be decorative paving.
REQUIRED FINDINGS
This staff report includes findings for both the requested Change of Zone (CZ) and the
Conditional Use Permit (CUP).
Change of Zone Findings.
The Findings for a Change of Zone (CZ) are outlined in the PSZO Section 94.07.00 and
are evaluated here:
A. Criteria for Granting a Change of Zone.
The commission in recommending and the council in reviewing a
proposed change of zone, shall consider whether the following conditions
exist in reference to the proposed zoning of the subject property:
s
000023
Planning Commission Staff Report Page 6 of 9
Case 5.113915 1140
Date. May 23, 2007
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The proposed change of zone from C-1 to R-3 confirms with the General Plan because
both C-1 and R-3 zones exist in the General Plan designation H43/21 land use
designation. No General Plan amendment is necessary.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship to similar
or related uses, and other considerations deemed relevant by the
commission and council.
The development on the subject property has existed since 1947 as a resort hotel. The
subject parcel does not conform to either the C-1 or the proposed R-3 zones because it
is smaller than the minimum lot requirement of 20,000 square feet. Furthermore, the
existing buildings on the site do not conform to the current development standards for
C-1 and R-3 zones because the setbacks are less than required for ether zone. For the
past sixty years, the site has functioned adequately and proven to be suitable in terms
of access to the public way and is similar to the development other small resort hotels
from that era that are still in operation adjacent to, or near the subject parcel. The
pattern of use, anticipated number of guests, staff, parking needs and related activity
associated with the conversion of the site to an in-patient assisted living / treatment
center is consistent with the existing pattern of use as a resort hotel. The typical length
of stay of a patient at the assisted living center is 28 days; the typical length of time of
guests staying in a resort hotel tends to be more patterned around weekend stays; thus
the overall movement due to guest 'turnover' should be less as an assisted living center
than in its use as a resort hotel. Staff believes the site would be suitable for the desired
use.
3. The proposed change of zone is necessary and proper at this time,
and is not likely to be detrimental to the adjacent property or
residents.
The proposed use as an assisted living facility is similar and consistent with the
transient nature of a resort hotel. Assisted living facilities are permitted in the R-3 zone
which is immediately adjacent to the east of the subject parcel but are not permitted in
the C-1 zone which is what the property is presently zoned. The applicant has chosen
this particular site because it is well integrated into both the adjacent residential and
commercial areas; this integration is an important part of their treatment program. Staff
has concluded that the change of zone is necessary and not detrimental to adjacent
property or residents.
6
Planning Commission Staff Report Page 7 of 9
Case 5,1139/5,1140
Date, May 23, 2007
Given these findings, Staff has concluded the Change of Zone request for this parcel
meets the required findings.
Conditional Use Permit Findings.
Pursuant to Zoning Ordinance Section 92.04.01, D(1) Assisted Living Centers are
allowed with a conditional use permit (CUP) in the R-3 zone. The Findings for a
Conditional Use Permit (CUP) are outlined in the PSZO Section 94.02,00 (B) and
evaluated here:
a. 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;
The Palm Springs .Zoning Ordinance section 92.04.01 D(1) denotes that Assisted Living
Centers are allowed with a conditional use permit (CUP) in the R-3 zone. Thus this use
is authorized by the PSZO.
b. 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 use of this site for an assisted living center would be a desirable, harmonious, non-
detrimental use at this location because-
1. It provides a valuable service to the community - that of a chemical
dependency treatment center,
2. It is a business / commercial use with clients in-residence for no more than
28 days - a use that is very similar to the hotel use presently on the site,
3. It provides vitality in the commercial area adjacent to the site because
clients will use surrounding restaurants, shops and retail businesses;
4. It is a use similar in nature to resort hotel uses on adjacent parcels along
Indian Canyon Drive.
5. Because clients may not use personal vehicles for the first 21 days of their
treatment, and approximately 95% of clients do not arrive with personal
vehicles, the vehicular traffic in the community would likely be less under
the proposed use than with the present resort hotel use-
C. 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 development on the site does not conform to present-day zoning development
standards for setbacks and minimum lot size. Certainly if a newly constructed facility of
a similar use were to be proposed on this site, it would be smaller in size than what
exists. However because the site has been a resort hotel for sixty years without
- 000025
Planning Commission Staff Report Page 8 of 9
Case 5.1139/5.1140
Date: May 23, 2007
adverse or negative impacts on the surrounding neighborhood, and the requested use
does not propose a more intensified use of the site, Staff has concluded that the site is
adequate for the intended use.
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;
Traffic generated by the proposed use is anticipated to be the same or less intense than
the existing uses because resort hotel guests usually stay for three to four day weekend
visits, while clients of the assisted living center typically stay 28 days. Furthermore, the
applicant affirms that clients are not allowed to use their personal vehicles for the first
21 days of their stay, and 95% of clients do not arrive by personal vehicle, thus roadway
and traffic from the site will be less under the proposed use. Staff has therefore
concluded that the proposed use would have no negative impact on streets and
highways.
e. 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:
i. Regulation of use,
ii, Special yards, space and buffers,
iii. Fences and walls,
iv. Surfacing of parking areas subject to city specifications,
V. Requiring street, service road or alley dedications and
improvements or appropriate bonds
A Regulation of points of vehicular ingress and egress,
vii. Regulation of signs
viii. Requiring landscaping and maintenance thereof
ix. Requiring maintenance of the grounds
X. Regulation of noise, vibration, odors, etc.
Xi. Regulation of time for certain activities
xii. Time period within which the proposed use shall be developed,
xiii. Duration of use,
xiv. Dedication of property for public use,
xv, And 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 Conditions of Approval related to the Conditional Use Permit for this project are
attached and are as recommended by Staff. With the inclusion of these Conditions,
Staff has concluded that the requested CUP meets the required findings of the Palm
Springs Zoning Ordinance.
Planning Commission Staff Report Page 9 of 9
Case 5.1139/5.1140
Date: May 23, 2007
ENVIRONMENTAL ASSESSMENT
The California Environmental Quality Act (CEQA) defines the actions herein as a
"project". The Planning Department has reviewed this project under the provisions of
the California Environmental Quality Act (CEQA), and based on the outcome of the
Initial Study conducted for this project, it has been determined that the proposed change
of zone will not have a significant impact on the environment. Therefore, a Negative
Declaration is recommended.
NOTIFICATION
A public hearing notice/courtesy notice was mailed to all property owners within 400 feet
of the subject property/adjacent property owners. As of the writing of this report, staff
has not received any comment.
The applicant states that he has made informal contact with nearby property and
business owners regarding their desired use of the site and have received favorable
support from neighbors.
Ken Lyon, Associate Planner
Craig A. Ewing, AICP
Director of Planning Services
ATTACHMENTS
1. Vicinity Map
2. Site Plan and Elevations
3. Draft Resolutions (2)
4. Conditions of Approval
5. CEQA Initial Study and Negative Declaration
9 00002