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Home My WebLink About23066 RESOLUTION NO. 23066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077, CHANGING THE LAND USE DESIGNATION FOR THE PARCEL LOCATED AT 1000 NORTH PALM CANYON DRIVE, TAPPAN ENTERPRISES, FROM NEIGHBORHOOD COMMUNITY COMMERCIAL (NCC) TO HIGH DENSITY RESIDENTIAL (HDR) AND AMEND THE GENERAL PLAN TEXT ON RESIDENTIAL USES TO ESTABLISH AN ALTERNATIVE METHODOLOGY FOR CALCULATING DENSITY FOR ASSISTED LIVING FACILITIES AND ADOPTING A MITIGATED NEGATIVE DECLARATION. WHEREAS, Tappan Enterprises, ("Applicant') has filed an application with the City on pursuant to State of California Governmental Code Sections 65350 — 65362 (General Plan amendment) and pursuant to Section 94.03.00 (Planned Development District) and 94.07.00 (Zoning Map Change; Change of Zone) of the Zoning Code, for a General Plan Amendment seeking to change the land use designation from NCC (Neighborhood Community Commercial) to HDR (High Density Residential) and to amend the General Plan text relating to the methodology for calculating density for assisted living facilities and a to establish a Planned Development District (PDD) in lieu of a change of zone, to establish uses and development standards for construction of an assisted living facility at 1000 North Palm Canyon Drive; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1237 GPA PDD 357, was given in accordance with applicable law; and WHEREAS, on November 22 2011, a public hearing to consider Case. 5.1237 GPA PDD 357, was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"); and WHEREAS, at said hearing, the Planning Commission 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 and voted 4-0-1-1 (Motion Klatchko, second Conrad, abstain Munger, absent Hudson) to approve the preliminary Planned Development District in lieu of a Change of Zone, subject to Conditions of Approval in Exhibit A, and recommending approval of an Ordinance of the City Council approving a Planned Development District in lieu of a Change of Zone for the roughly 1.43 acre parcel at 1000 North Palm Canyon Drive, and Resolution No. 23066 Page 2 WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Case 5.1237 GPA PDD 357, was given in accordance with applicable law; and WHEREAS, on January 4 2012, a public hearing to consider Case. 5.1237 GPA PDD 357, was held by the City Council in accordance with applicable law; and THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY FINDS AS FOLLOWS: SECTION 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, an Initial Study has been conducted and the City has concluded that potential significant impacts may occur as a result of the proposed project, however with the incorporation of mitigation measures as outlined, those impacts will be reduced to less than significant levels; therefore a Mitigated Negative Declaration is hereby adopted. SECTION 2: Pursuant to State of California Governmental Code Sections 65350 — 65362, although there are no specific findings for a General Plan Amendment the City Council has evaluated the requested GPA based upon the following: a. Compatibility of the proposed designation with adjacent land uses. b. Consistency of the proposed designation with development patterns of the neighborhood. C. Potential adverse impacts to existing or future development in the vicinity. Findings of compatibility of the proposed land use designation with existing adjacent land uses. The project site is surrounded by a variety of existing land uses that are generally harmonious with the proposed high-density residential land use designation and the proposed assisted living facility. The project would create a high-density specialized form of residential units in close proximity to retail, commercial, and medical office uses. This complementary set of uses would enhance one another, potentially invigorate the pedestrian quality of this neighborhood and reduce the dependency on passenger vehicles for residents in the vicinity. Findings of consistency of the proposed land use designation with development patterns in the neighborhood. The requested change in land use from NCC to HDR is consistent with Resolution No. 23066 Page 3 development patterns, goals and policies of the General Plan for the City's vision for the Uptown neighborhood as a vibrant, pedestrian-oriented retail, commercial and residential mix of uses. Of particular significance is the site's proximity to the Desert Regional Hospital and the various medical offices that surround that facility. Residents of an assisted living facility will likely have need for on-site medical and health-related care-givers and services; however, a facility of this type in close proximity to the full- service health care facilities of Desert Regional would be particularly beneficial for both residents and health care providers who provide offices and professional medical services in this area. Potential adverse impacts to existing or future development in the area. The General Plan Amendment proposes an appropriate methodology for calculating density for assisted living facilities. The GPA amends the description of residential uses by adding the following statement: "Assisted Living Facility uses may be permitted in residential land use areas. Maximum permitted number of beds for assisted living facilities (density) shall be based upon calculation of equivalent traffic impacts for assisted living facilities as compared to that of the maximum number of standard dwelling units per acre for each land use area, provided they do not create significant design, parking, traffic or other impacts to the surrounding neighborhood. This comparison shall be in accordance with the latest edition of the Institute of Traffic Engineers (ITE) Trip Generator Handbook." Assisted living facilities generate significantly less traffic impacts per bed or per dwelling unit, than conventional residential dwelling units. Residential units also general fewer trips and lesser traffic impacts than special retail or commercial uses that might occur on the site under its present General Plan designation of NCC. As such, the proposed methodology for evaluating density based on equivalent traffic impacts is sound and reasonable. By changing the land use designation from NCC to HDR and using a density calculation that assures traffic impacts will remain at or below levels already accepted in the General Plan EIR, the proposed amendment does not create potential adverse impacts to existing or future development in the area. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case 5.1237 GPA, a General Plan Amendment, changing the land use designation from NCC to HDR for a roughly 1.43 acre parcel at 1000 North Palm Canyon Drive and amending General Plan text for residential uses describing an alternative methodology for calculating density for assisted living facilities based on equivalent traffic impacts, in the 2007 Palm Springs General Plan, as adopted by Resolution No. 22077. ADOPTED THIS 4TH DAY OF JANUARY, 2012. Resolution No. 23066 Page 4 DAVID H. READ ANAGER ATTEST: 22 AMES THOMPSON, CITY CLERK 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. 23066 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 January 4, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. AMES THOMPSON' CITY CLERK City of Palm Springs, Californiaot/Z5120It