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HomeMy WebLinkAbout22917 RESOLUTION NO. 22917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CASE 5.1249 A PLANNED DEVELOPMENT DISTRICT 358, FOR MICHAEL'S HOUSE, A SUBSTANCE ABUSE RECOVERY CENTER (ASSISTED LIVING FACILITY USE), IN AN EXISTING FACILITY ON AN APPROXIMATE 0.88-ACRE SITE LOCATED AT 430 SOUTH CAHUILLA ROAD (APN 513-212-002). WHEREAS, Palm Springs Treatment Centers, LLC, "applicant", has filed an application with the City pursuant to Sections 94.02.00 (Conditional Use Permit) and 94.03.00 (Planned Development District) of the Zoning Code seeking approval for an assisted living facility use at an existing facility located at 430 South Cahuilla Road and seeking adjustment in the development standards of the R-3 zone and method for calculating density for an assisted living facility at this specific site; and WHEREAS, a notice of public hearing of the Planning Commission for Case 5.1249 PDD 358 was given in accordance with applicable law; and WHEREAS, on April 27, 2011, a public meeting on Case 5.1249 PDD 358 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 is determined to be Categorically Exempt pursuant to CEQA guidelines as a Class 1 (Existing Facilities) exemption; and WHEREAS, at said meeting 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 4-2 (Conrad/Hudson opposing) to approve the project and recommend approval by the City Council subject to Conditions of Approval, and WHEREAS, a notice of public hearing of the City Council for Case 5.1249 PDD 358 was given in accordance with applicable law, and WHEREAS, on May 18, 2011, a public meeting on Case 5.1249 PDD 358 was held by the City Council in accordance with applicable law, and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. Resolution No. 22917 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is determined to be a Class 1 (Section 15301) Categorical Exemption (Existing Facilities). Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit) and Section 94.03.00 (Planned Development District), the Planning Commission finds as follows: 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. Pursuant to Section 92.03.01(A)(2),assisted living facilities are allowed with a Conditional Use Permit in the R-3 zone. The project therefore conforms to this finding. 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. The proposed use of this site for an assisted living facility is a residential type use which is consistent with the Small Hotel Land Use designation in the General Plan. The site has been used as a substance abuse recovery center for many years and is in harmony with the surrounding existing neighborhood which is a mix of small hotels, restaurants and private residential homes. The proposed site was originally a small apartment- hotel. Often the limited number of rooms in small aging hotels makes them economically unfeasible to operate as a tourist hotel. The applicant has determined that an assisted living facility is viable adaptive reuse for this small, older hotel. Thus the proposed use is desirable for the development of the community not only for the substance abuse recovery services that it provides to the community, but also in keeping an otherwise obsolete facility as a viable economic use. Thus, the proposed use is not detrimental to existing or future uses. The proposed use is in harmony with the general plan as noted in the following goals and policies from the General Plan Housing Element: Goal HS1: "Facilitate a broad range of housing types, prices and opportunities to address current and future housing needs in the community." The project addresses a special type of supportive housing need for persons recovering from alcohol and substance abuse that cannot otherwise be accommodated with conventional housing units. Thus the project contributes to the provision of a broad range of housing types within the City. Resolution No. 22917 Page 3 Policy HS1.6: "Provide for various regulatory and financial incentives to encourage well designed housing, special needs housing, and housing affordable to households of different income levels." As a recovery center for those seeking treatment for substance abuse, the facility provides a unique type of special needs housing. The PDD establishes a methodology for calculating density that allows slightly greater bed count than the standard methodology of the zoning code. It does so by linking it to off-street parking capacity. This assures a stable density that does not exceed the capacities of the site while providing a regulatory incentive for providing a unique special need type of housing. The project is therefore supportive of this policy. Policy HS3.2: "Assist... in the development of emergency, transitional and permanent supportive housing, and the provision of supportive services..." As a fully staffed facility, the proposed project will provide a source of permanent, but short term housing that provides supportive services for those seeking treatment and recovery from substance abuse and addictions. The project is harmonious with this policy. 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. The flat site is roughly 0.88 acres and contains existing structures that were built with permit many years ago. Although some of the existing conditions do not conform to the contemporary zoning code, the conditions are considered "legal non-conforming". Furthermore with the proposed PDD the existing non-conforming conditions can be established as the recognized legal standards within the PDD. The site has existing and proposed parking totaling 18 spaces, as well as mature landscaping, walls and other features that provide privacy and separation between the various uses in the immediate vicinity. The number of dwelling units proposed is nine (9), and the number of patient beds is thirty (30). The design provides the required off-street parking. Therefore, the site is adequate for the proposed use. 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. The site fronts a local street (Cahuilla) and a collector street (Belardo). Bay parking on the project is primarily located along Cahuilla Road with two spaces on Belardo Road. The adjacent roadways are developed to carry the type and quantity of traffic generated by the proposed use because the roadway network as shown in the General Plan is capable of accommodating the proposed land use density without adverse impacts or Resolution No. 22917 Page 4 reductions in Level of Service (LOS). The City Council has therefore concluded that the site adequately relates to the circulation network of the City. A draft set of conditions of approval necessary to ensure compliance with the Zoning Ordinance requirements and to ensure the public health, safety and welfare are proposed and included in Exhibit A. Section 3: Pursuant to Zoning Code Section 92.25.00 "Resort Combining Overlay Finding" The "R" resort overlay zone is intended primarily to provide for accommodations and services for visitors to Palm Springs, while guarding against the intrusion of competing land uses. Section 92.25.00 requires that all multiple family dwellings require the approval of a conditional use permit (CUP). Approval of the CUP may only be made if the following finding is made: "...that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone." The proposed use is compatible with its surroundings which include hotels, restaurants, and other commercial uses in the Central Business District. It proposes an adaptive reuse for one of the City's smaller older apartment hotels. In doing so, it retains the density, quaintness and atmosphere of one of the existing small hotels in the Tennis Club Neighborhood that might otherwise be lost with a newer, denser type of redevelopment possible within the R-3 zone. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case 5.1249 PDD 358 for the establishment of an assisted living facility at 430 South Cahuilla Road and to adopt minor adjustments in the development standards and method for calculating density for an assisted living facility at this specific site. ADOPTED THIS 18T" DAY OF MAY, 2011. David H. Read -Manager ATTEST: ames Thompson, City Clerk Resolution No. 22917 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, California, do hereby certify that Resolution No. 22917 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on the 18th of May, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet_ NOES: Councilmember Hutcheson. ABSENT: None. ABSTAIN: None. J�eshompson, City Clerk f Palm Springs, California Resolution No. 22917 Page 6 EXHIBIT A Case 5.1249 PDD 358 Palm Springs Treatment Centers LLC "Michaels' House" 430 South Cahuilla Road May 18, 2011 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. Proiect Description. This approval is for the project described per Case 5.1249 PDD 358; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (January 24, 2011), including site plans, architectural elevations, landscaping, on file in the Planning Department except as modified by the 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 officers concerning Case 5.1249 PDD 358. 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 Resolution No. 22917 Page 7 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. 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 8. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution ADM 9. 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 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 Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. ADM 10. Comply with City 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. Nageis ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 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 Commission'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. 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 2. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 3. 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 4. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 6. 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 7. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and commercial/retail patrons and owners. Location and design shall be approved by the Director of Planning. PLN 8. Patients are to exit and enter via the Belardo Road entry gate as opposed to the Cahuilla Road gate. PLN 9. Outside group activities (such as volley ball, etc) are to be conducted on the eastern portion of the site. Resolution No. 22917 Page 9 PLN 10. (add any additional conditions imposed by the City Council here) POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS STREETS CAHUILLA ROAD" ENG 1. An application for an Encroachment Agreement shall be submitted to the Engineering Division to allow the existing bay parking along the S. Cahuilla Road frontage of the subject property to be maintained within that portion of the public right-of-way. The Encroachment Agreement shall be executed by the owner(s) and approved by the City prior to approval of the Final Development Plan by the Planning Commission. BELARDO ROAD: ENG 2. An application for an Encroachment Agreement shall be submitted to the Engineering Division to allow the bay parking along the Belardo Road frontage of the subject property to be maintained within that portion of the public right-of-way. The Encroachment Agreement shall be executed by the owner(s) and approved by the City prior to approval of the Final Development Plan by the Planning Commission. FIRE DEPARTMENT CONDITIONS FID 1. (No Conditions) END OF CONDITIONS