HomeMy WebLinkAbout23758 RESOLUTION NO. 23758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, GRANTING IN PART AND
DENYING IN PART THE APPEAL BY KEN SEELEY AND
ERIC MCLAUGHLIN OF INTERVENTION 911 AND
APPROVE A CONDITIONAL USE PERMIT, WITH
CONDITIONS DEEMED APPROPRIATE, FOR AN
ASSISTED LIVING FACILITY / SUBSTANCE ABUSE
RECOVERY CENTER AT AN EXISTING FACILITY
LOCATED AT 1590 EAST PALM CANYON DRIVE, APN
508-454-007, ZONE R-2 / R-3 / RESORT COMBINING
ZONE (CASE 5.1283 CUP APPEAL).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. On April 12, 2012, the appellant and applicant, Ken Seeley and Eric McLaughlin
of Intervention 911 (collectively "Appellants") was notified in writing by the Department
of Building and Safety / Code Enforcement that a conditional use permit (CUP) is
required at two facilities owned and operated by the applicant (1425 Via Soledad and
1590 East Palm Canyon Drive).
B. On May 3, 2012 the Appellants were served a Courtesy Notice by certified mail
notifying them that they were in violation of the City's Municipal Code by operating the
substance abuse recovery centers / assisted living facilities at the subject addresses
without approval of Conditional Use Permits.
C. On June 24, 2012, the Appellants submitted CUP applications for both properties
requesting approval to operate them as substance abuse recovery centers / assisted
living facilities.
D. On September 26, 2012, the City received correspondence from the Appellants'
attorney notifying the City that the Appellants were withdrawing their CUP applications
and asserting that the two properties were being operated as hotels, not substance
abuse recovery centers / assisted living facilities.
E. On November 1, 2012, the Planning Director made a determination pursuant to
section 91.00.08 (B) of the Palm Springs Zoning Code (PSZC) that the Appellants'
current uses at 1590 East Palm Canyon Drive and 1425 Via Soledad are not hotels, but
rather are substance abuse recovery centers / assisted living facilities and required
approval of Conditional Use Permits from the Planning Commission in order to continue
to operate.
Resolution No. 23758
Page 2
F. On November 15, 2012, the Appellants, filed an appeal of the Planning Director's
determination and a notice of public hearing of the Planning Commission was given in
accordance with applicable law.
G. On February 13, 2013, the Planning Commission conducted a public hearing to
consider the appeal request and voted to uphold the determination of the Planning
Director.
H. On February 21, 2013, Intervention 911 filed an appeal to the City Council of the
Planning Commission's decision of February 13, 2013, and a notice of public hearing of
the City Council was given in accordance with applicable law.
I. On April 3, 2013 the City Council conducted a public hearing to consider the
appeal request and voted to uphold the decision of the Planning Commission to uphold
the determination of the Planning Director.
J. As part of a mediation plan, the City reactivated and commenced processing a
conditional use permit (CUP) seeking approval for operation of a substance abuse
recovery center / assisted living facility with thirty-two (32) patient beds and three (3)
staff persons in the existing sixteen (16) dwelling unit building located at 1590 East
Palm Canyon Drive (Case 5.1283 CUP).
K. A notice of public hearing of the Planning Commission was given in accordance
with applicable law, and on December 10, 2014, the Planning Commission conducted a
public hearing to consider Case 5.1283 CUP and voted 6-1 to approve a CUP for an
assisted living facility / substance abuse recovery center at 1590 East Palm Canyon
Drive subject to conditions.
L. On December 29, 2014, the Appellants submitted an appeal to the City Council
of the Planning Commission's action of December 10, 2014, and a notice of public
hearing of the City Council was given in accordance with applicable law.
M. On February 4, 2015 the City Council held a public hearing to consider the
appeal by Intervention 911 of the Planning Commission's action of December 10, 2014,
and at said hearing the City Council considered all of the evidence presented in
connection with the matter, including, but not limited to, the staff report prepared on the
matter, and all written and oral testimony presented.
N. The project is Categorically Exempt from further analysis under the Guidelines of
the California Environmental Quality Act (CEQA) as a type 3 exemption (conversion of
small structures).
O. Findings for a Conditional Use Permit are outlined in Section 94.02.00 of the
Zoning Code. The findings are listed below followed by an evaluation of the project
against these findings.
Resolution No. 23758
Page 3
1. 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.
Evaluation: Pursuant to Section 92.03.01(A)(2), assisted living facilities are allowed
with a Conditional Use Permit in the R-2 and R-3 zone. The portions of the project
located within the R-2 and R-3 zone therefore conforms to this finding. A portion of the
project is also located within the Resort-Combining overlay zone. The project is located
in an area of the City designated for tourist-related uses such as hotels, condominiums,
and tourist-related commercial uses. The site is immediately adjacent to single family
residential units and a scattering of older small hotels, restaurants, and related
commercial uses along Palm Canyon Drive. The proposed use is not tourist-oriented;
however, as an assisted living facility it could be deemed a commercial use similar to
the transient nature of tourist-related uses, and therefore consistent with the General
Plan.
2. 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.
Evaluation: Although the proposed use of this site is not tourist-oriented, as an
assisted living facility it could be deemed a commercial use, similar to the transient
nature of tourism uses, and thus it could be deemed consistent with the General Plan.
The proposed use is also consistent with certain General Plan policies as follows:
HS3.2 Increase the supply of affordable and accessible housing suited to the
independent and semi-independent living needs of people with disabilities,
provide assistance to people with disabilities to maintain and improve their
homes.
HS3.5 Prohibit housing discrimination and other related discriminatory actions in
all aspects affecting the sale, rental, or occupancy of housing based on status,
household size, and/or composition, gender, sexual orientation, age, state of
health or other arbitrary classification.
Allowing an assisted living facility / substance abuse recovery center subject to a
conditional use permit would be consistent with these policies.
One way of providing a variety of housing options and supportive services to the
community is to review and conditionally permit the establishment of assisted living
facilities. The subject application proposes a substance abuse recovery center /
assisted living facility. The Appellant proposed a density of thirty-two (32) patient beds
and four (4) staff persons which exceeds the allowable zoning density. The existing
facilities on the site including parking and dwelling units allows for a maximum of
twenty-six (26) patient beds with up to six staff persons. If conditioned to this occupancy
load, the project could be deemed consistent with this finding.
Resolution No. 23758
Page 4
In order to ensure compatibility with the existing surrounding residential area, the
proposed use necessitates continuous staff oversight and presence at the site. The
imposition of a condition of approval that requires a 24/7 staffing plan could reduce the
possibility of detrimental impacts on the surrounding area. The imposition of this
condition supports a determination that the proposed use is consistent with this finding.
3. 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.
Evaluation: The flat site is roughly 0.48 acres and contains an existing structure that
was built with permits in the 1960's as a sixteen (16)-unit building with seventeen (17)
off-street parking spaces. The project proposes thirty-two (32) patient beds and four (4)
staff persons. Pursuant to Zoning Code Section 93.23.06 (Assisted Living Facilities), the
maximum density of this site for the proposed use is twenty-six (26) patient beds, thus
the proposed project does not conform in terms of density. The maximum density of this
site for the proposed use is twenty-six (26) patient beds. With the proposed four (4) staff
persons, the site would require fifteen (15) off-street parking spaces. The site,
reconfigured with handicap-compliant parking and code-required trash enclosures could
yield fifteen (15) parking spaces and thus if conditioned for no more than 26 beds, it
would be consistent with this finding.
4. 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.
Evaluation: The site is located at the northeast corner of South Calle Rolph and East
Palm Canyon Drive. East Palm Canyon Drive is a major thoroughfare on the City
General Plan Circulation Map. As noted above, seventeen (17) existing off-street bay
parking spaces are provided along the Calle Rolph frontage; however, required
handicap-compliant parking and code required trash enclosures would reduce the total
off-street parking to fifteen spaces. By conditioning the proposed use to a maximum of
twenty-six (26) patient beds with up to six (6) staff persons, fifteen (15) spaces would be
required and thus the site would be in conformance with this finding.
5. 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.
Evaluation: The Project is approved subject to the Conditions of Approval as provided
in Exhibit "A", and these conditions of approval will ensure that the project will comply
with all applicable regulations of the City of Palm Springs and the State of California.
Section 3: Findings for the Resort Combining Zone.
Resolution No. 23758
Page 5
P. The modification of Condition PLN 12 to relieve the Appellants of the requirement
to install peninsula landscaping and the concomitant loss of parking spaces coupled
with the express allowance for an off-site parking plan and thereby provide a method of
achieving the Appellants goal for 32 patient beds on the premises constitutes a
reasonable accommodation from strict application of the City's zoning laws and
requirements.
Q. The deletion of Condition FID 5 requiring a fire sprinkler system in the premises
and the concomitant cost savings for the benefit of the Appellants constitutes a
reasonable accommodation from strict application of the City's building and fire codes.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1. The Appeal of the Appellants is hereby granted in part and denied
in part and the Conditional Use Permit for an assisted living facility / substance abuse
recovery center use in an existing facility located at 1590 East Palm Canyon Drive
(Case 5.1283 CUP) is approved subject to conditions deemed appropriate as provided
in Exhibit "A" to this Resolution.
ADOPTED THIS 4T" DAY OF FEBRUARY, 2015.
DAVID H. READY, Cl ER
ATTEST:
,;iMES THOMPSON, CITY CLERK
Resolution No. 23758
Page 6
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Resolution No. 23758 is a full, true, and correct copy, and was
adopted at a regular meeting of the City Council held on the 4ch day of February, 2015,
by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
ABSTAIN: None.
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
CZ��olZo t5
RESOLUTION NO. 23758
EXHIBIT A
Case 5.1283 CUP
Intervention 911
Assisted Living Facility / Substance Abuse Recovery Center
1590 East Palm Canyon Drive
February 4, 2015
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 Director of Building
and Safety, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case (5.1283
CUP); except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in accordance
with the approved plans, date stamped (August 12, 2012), including site plans,
architectural elevations, exterior materials and colors, landscaping, and grading on
file in the Planning Division except as modified by conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions
contained herein, all applicable regulations of the Palm Springs Zoning Ordinance,
Municipal Code, and any other City County, State and Federal Codes, ordinances,
resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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 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
Resolution No. 23758
Case 5.1283 CUP
Page 2
officers concerning Case 5.1283 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.
ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in
interest shall maintain and repair the improvements including and without limitation
all structures, 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.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a
period of two (2) years from the effective date of the approval. Once enacted, the
Conditional Use Permit, provided the project has remained in compliance with all
conditions of approval, does not have a time limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of
Palm Springs may be appealed in accordance with Municipal Code Chapter
2.05.00. Permits will not be issued until the appeal period has concluded.
ADM 9. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
ensure that residents do not loiter, create noise, litter, or cause any disturbances
while on-site. The owner and operator shall ensure that at the end of each day,
the premises are clean, quiet, and free of litter. Failure to comply with these
conditions may result in revocation of this permit, temporary business closure or
criminal prosecution, or the Police Chief requiring on-site security officers.
ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to noise, disturbances,
loitering, etc.) regarding the operation of the establishment; as determined by the
Chief of Policy or the Director of Building and Safety, may result in proceedings to
revoke the Conditional Use Permit. In addition, violations of the City Codes and
Resolution No. 23758
Case 5.1283 CUP
Page 3
Ordinances will result in enforcement actions which may include citations, arrest,
temporary business closure, or revocation of this permit in accordance with law.
ADM 11. Comply with Citv Noise Ordinance. This use shall comply with the provisions of
Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations
may result in revocation of this Conditional Use Permit.
ADM 12. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use permits
only)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local
Development Mitigation Fee (LDMF) NOT required.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted by
the applicant in the form of a money order or a cashier's check payable to the
Riverside County Clerk within two business days of the City Council's final action
on the project. This fee shall be submitted by the City to the County Clerk with the
Notice of Exemption. Action on this application shall not be considered final until
such fee is paid (projects that are Categorically Exempt from CEQA).
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting shall conform to Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, If
lights are proposed to be mounted on buildings, down-lights shall be utilized.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00
PLN 3. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 4. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be
screened per the requirements of Section 93.03.00 of the Zoning Ordinance.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
Resolution No. 23758
Case 5.1283 CUP
Page 4
PLN 7. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management plan
has been approved.
PLN 8. Maximum Patient Density. The approval of this CUP is for a maximum of twenty-six
(26) patient beds and not more than six (6) on-site staff persons. . This maximum
may be increased to no more than thirty-two (32) patient beds upon preparation,
submission, and implementation of an off-premises or off-site parking plan, for
approval by the Planning Director, that allows the applicant to provide or use an
alternative off-street parking location that diverts any on-street parking from the
neighborhood surrounding the project.
PLN 9. Treatment services limited to on-site patients. Any treatment program, group
meetings, or services related to the substance abuse recovery center / assisted
living facility use at this site are limited to the twenty-one (21) patients living at the
site.
PLN 10. Provide Masonry Trash Enclosure. Pursuant to Zoning Code Section 93.06 and
93.07 and shall use reasonably prudent business practices to ensure compliance
with all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and
Diversion), and shall provide dumpster or "walk-in service."
PLN 11. Provide handicap-compliant off-street parking space As required by Zoning Code
Section 93.06.
PLN 12. Provide shade and landscaping where feasible on or along existing improvements
for the bay parking area pursuant to Zoning Code 93.06.
PLN 13. Staffing Plan. The applicant shall submit to the City Planning Department their
intended staffing plan demonstrating staff oversight of the facility on a 24-hour/day
basis with detail on management of peripheral site cleanup, parking compliance,
and guest compliance with facility rules and regulations to ensure the proposed use
does not cause a public nuisance.
POLICE DEPARTMENT CONDITIONS
POL 1. Applicant shall comply with Section II of Chapter 8.04 'Building Security Codes" of
the Palm Springs Municipal Code.
POL 2. Except as otherwise noted below, all conditions herein are effective immediately
upon approval of this Conditional Use Permit (CUP) and shall be continuously
implemented while this CUP is in effect.
Resolution No. 23758
Case 5.1283 CUP
Page 5
POL 3. Staff Training: All members of the staff shall be trained to the management's
policies, procedures and standards.
POL 4. Applicant shall establish and post a security training protocol to include the
security-related conditions of this permit and protocols for contacting the Palm
Springs Police Department in the event of an emergency or observance of illicit
activity.
POL 5: Omitted.
POL 6: Omitted.
POL 7. Applicant shall install and maintain exterior lighting which illuminates the parking
lot area of the business consistent with the City's Outdoor Lighting Ordinance.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
ENG 1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID 1. These conditions are subject to final plan check and review. Additional
requirements may be required at that time based on the received plans.
FID 2. Fire Department Conditions were based on the 2013 Califomia Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code and latest
adopted NFPA Standards. Four (4) complete sets of plans for private fire service
mains, fire alarm, or fire sprinkler systems must be submitted at time of the
building plan submittal.
FID 3. PLANS AND PERMITS
Complete plans for private fire service mains or fire sprinkler systems should be
submitted for approval well in advance of installation. Plan reviews can take up to
20 working days. Submit a minimum of four (4) sets of drawings for review. Upon
approval, the Fire Prevention Bureau will retain one set.
Resolution No. 23758
Case 5.7283 CUP
Page 6
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday— Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. Inspection fees are charged at the fully burdened hourly rate of the fire
inspector. These fees are established by Resolution of the Palm Springs City
Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be UL
listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall indicate all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the appropriate
codes and standards. Plans and supportive data (calculations and
manufacturer's technical data sheets) shall be submitted with each plan
submittal. Complete and accurate legends for all symbols shall be provided on
the plans.
FID 4. Omitted.
FID 5. Omitted.
FID 6 Manual Fire Alarm System (CFC 907.2.8.1): A manual fire alarm system that
activates the occupant notification system in accordance with Section 907.5 shall
be installed in Group R-1 occupancies.
Single- and Multiple-Station Smoke Alarms (CFC 907.2.11): Listed single-
and multiple-station smoke alarms complying with UL 217 shall be installed in
accordance with Sections 907.2.11.1 through 907.2.11.4 and NFPA 72.
Exception: For Group R occupancies. A fire alarm system with smoke
detectors located in accordance with this section may be installed in lieu of
smoke alarms. Upon actuation of the detector, only those notification
appliances in the dwelling unit or guest room where the detector is actuated
shall activate.
The above condition is highly recommended to provide for occupant life safety
but not required.
Resolution No. 23758
Case 5.1283 CUP
Page 7
Applicant shall execute a hold harmless and indemnity agreement in a form
approved by the City Attorney to indemnify and defend the City against third-
party damage claims for injury or death arising from the waiver of fire sprinkler
requirements.
FID 7 Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of
floor or grade travel distance for normal hazards. Portable fire extinguishers shall
not be obstructed or obscured from view. Portable fire extinguishers shall be
installed so that the top is not more than 5 feet above the floor.
FID 8 Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a
minimum of 4" high with a minimum stroke width of 0.5" of egress shall conform to
the applicable requirements for doors.
FID 9 Omitted.
FID 10 Key Box Required (CFC 506.1): Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The key
box shall be flush mount type and shall contain keys to gain necessary access as
required by the fire code official.
Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box installations
shall be 5 feet above grade. Location and installation of Knox key boxes must be
approved by the fire code official.
END OF CONDITIONS