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Home My WebLink About22032 - RESOLUTIONS - 9/5/2007 RESOLUTION NO. 22032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1139/5.1140, A CONDITIONAL USE PERMIT TO CONVERT THE LAS PALMAS HOTEL LOCATED AT 1404 NORTH PALM CANYON DRIVE, TO AN ASSISTED LIVING CENTER / SUBSTANCE ABUSE RECOVERY CENTER. WHEREAS, on May 23, 2007 the Palm Springs Planning Commission at a noticed public hearing considered case 6.1139, 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. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 22032 Page 2 ' SECTION 1. Pursuant to Zoning Ordinance Section 92.14.01, 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 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 Resolution No. 22032 Page 3 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. vi. 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. A. 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. Resolution No. 22032 Page 4 ' 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 5th day of September, 2007. David H. Ready, City�aniger ' ATTEST: ?mes Thompson, ity Clerk 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. 22032 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 the 5th day of September, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Mayor Pro Tem Pougnet. ABSENT: None. ABSTAIN: None. ' a es Thompson, City Clerk ity of Palm Springs, California