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HomeMy WebLinkAbout5/18/2011 - STAFF REPORTS - 1.A. REGEIVE D t�f PP L11 ', , DATE: May 9, 2011 2011 MAY 16 AM 8' 32 jt,P-ES I-H TO: Palm Springs City Council 61,T Y CLERK FROM: Sheryl Hamlin RE: Michaels House CUP The CUP for Michaels House was heard in April 2011 by the Planning Commission. Unfortunately, the staff report failed to consider anything other than architectural issues related to the addition of six more rooms. The staff report also failed to differentiate between the original Michaels House, which was essentially a group home providing psychological support, and the current corporation whose clients include schizophrenics, manic depressives, drug, heroin and chemical dependencies and more, per their website. The 14TCNO Board met with the CEO of Michaels House, Krista Gilbert, on April 26th. 1. Ms. Gilbert was specifically asked about sex offenders by Dr. Pilcher. She said `no sex offenders', but as you can see by the attached article from the Monterey Herald, there is a sex offender receiving treatment at Michaels House in Palm Springs. 2. Ms. Gilbert was specifically asked by Dr. Pilcher to compare the current medical modalities to that of the previous owner. She declined. The staff report failed to analyze the differences between medical treatment provided in the new Michaels House owner and the original Michaels House. Society has changed and addiction is now treated with prescription drugs. She declined to answer about the use of prescription drugs for the clients. 3. Ms. Gilbert was specifically asked about female clients. She said `no', although a planning department staff member told me they were planning to add female clients. 4. Ms. Gilbert was specifically asked if she felt that transporting a van of potentially unstable individuals out into the neighborhood accompanied only by a counselor was good policy? She replied describing `Level 1' versus `Level 2' patients, where the former were confined to the building,while the latter were allowed to leave. However, she was vague about how a client `graduated' to the higher level and she indicated to the Planning Commission that the clients were free to leave at any time. 5. Ms. Gilbert responded to the February 2011 letter from the HTCNO annual meeting about abusive behavior of her clients walking through the neighborhood by saying that she had personally changed the exercise pattern within 2-3 weeks prior to the April S. Hamlin Page 1 of 2 Michaels House CUP Ad� t�ioyvt HTCNO board meeting. One of the neighbors attending the board meeting said 'it isn't working' and described more unpleasant experiences within that timeframe. 6. Ms. Gilbert was asked about detox. She said there would be no detox at the Cahuilla facility, although they did provide detox at their Indian Canyon facility. The Michaels I Iouse CUP for the Cahuilla facility should include the following conditions: 1. No women clients 2. No detox facilicity allowed 3.No drugs administered 4. No felons or persons with outstanding warrants 5. No parolees 6.No sex offenders 7. 24 by 7 security with electronic monitoring of clients off premises 8. Regular monitoring of the facility by a trained professional Additionally, I would like to suggest a donation to Roy's House. With 30 beds at$24,000 per month, the Cahuilla facility could gross over$8 million annually. This is a VERY lucrative facility and one that will proliferate throughout the city. Palm Springs only receives a nominal business license fee and the hope that some of the visitors will spend the night in town or eat dinner somewhere. Because this is a PDD, the city should receive a larger benefit from the facility. 4&74 cc;i/.�- Attached 1. Testimony to Planning Commission 2. Article from Monterey Herald about sex offender 3. PS Planning department staff report S. Hamlin Page 2 of 2 Michaels House CUP Child porn suspect in rehab, lawyer says- Montereyl lerald.com : Page 1 of 2 Save on. flowers and gifts. GEMMM � r-04nauY,f04'y:,2011 ;:;In.. Raflin, +.:.d t:n R3., hnrne news business sports entertainment living opinion obits things to do jobs cars ma€esuate c.IlYsssficds shopOng corl4icty help Monterey,California Now:67°F'High:(i I Low:47°F 15-day forecast I Get weather for:I lufy_orzlp News R a.nrrimenl ! al(sJn� r .r .;';7n!Jr to se.what you,fi..ds re mmend q1, RPrint Entad ort a�ut Child porn suspect in rehab,lawyer says Social worker missed court date A IrAial C3y VIRGNIA HENNESSEY ° I t.;i nsd;frail rw'a,a'aau ! f4agv �,g'v 70, 33m y: Posted 04/29/201101:29:29 AM PDT rtV l{'1. �Y F.W?Cd7"=r.`7 °,.« °'? g updated 04129/201101'29:30 AM PDT A county social worker accused of possessing child pornography avoided jail Thursday alter providing a judge proof he missed his last court appearance because he was in a residential facility that treats substance abuse and sex addiction, ` Gregory John Wrnsell,57,is in a 45-day program at Michael's House,a Palm Most Viewed Springs facility,his attorney said. '.r... (From the last 12 hours) Judge Mark Hood declined prosecutor Rolando Mazanegos'request for a bail increase,but warned VJmsell that he should not be late for his next 1, :v-r:.:ida=1rac^r+rmind ,,aura bin Laden is dead. appearance. United States has hs Gregory wlnsell Deputies went to his 2. Gasol,Gnzzlles strike.dn',an 1 N�rtcfar Winsell was arrested and charged with one count of possession of child re.dence after his wife said he was pornography,allegedly found in plain sight by deputies after his wife reported possibly swcldal. 3. Swiday sdotlorl.Mora coverage and race rwsuit5 of he was possibly suicidal April 12.Sheriffs spokesman Cmdr.Mike Richards 4. No nctl riut famous ocallyT% said about 500 images were found that appeared to have been downloaded from a computer. 5. 'Mlo•mi€take care cf ft r,agent,hvcmers? Recommended on Facelwok Mazanegos declined to comment on the number or form of the images,but ----------- noted he is allowed to charge only one count,no matter the quantity of pornography Sigr1 iBp? es • C oe"[°"I it)if)s.x'vela: After posting$30,000 bail after his arrest,W nsell failed to appear in court April 26.Defense attorney Michael Pekin said q Ai 4a€da mastermind Deems din Laden is he made the decision it was more important for his client,who was suicidal,to be in treatment than appear fora dad atM the u.5.has his lxaty- proceeding to confirm his preliminary hearing. r Mserrt:aarx>yti-ald.cam �5r7')F:iloe sha.Fd this. Mazanegos said Michael's House is a facility that treats drug and alcohol abuse and sex addiction. Ft Toatro's'Victor in shadow'a rare gift of Hood ordered Winsell to return to court June 21 to confirm a June 23 preliminary hearing and ordered him : theatrical joy-MoneereyHerald.com cna,f.d'h s. to have no unsupervised contact with children or the !. Advertisement VMnsell and Pekin declined comment after the ®;;,.,; hearing. VVlnsell,an employee of the county Department of Top Classifieds Social and Employment Services since December 2005.has worked as a child welfare worker with the Top 'ro, To" department's Family Reunification Unit,which works Ames noels with families with children in foster care and checks on -------•--••----� the welfare of children in foster care,said director Commercial RE Loans Terry Elliott Robinson. Nance,Broker 657.9239 224.4508 Mazanegos said an investigation is ongoing to cv W t469100 determine if there was inappropriate contact between the defendant and his child clients. $9d5,000 36Rf2BA SAT'And theVirginia Hennessey can be reached at 763.6751 or Pehbra Beach 4r3.5$1.049.000 vhennesseVAnlo co nlereyherald. ln. htvwia 489 54-17T d7..977.2 e•Yk7nYrrr¢,y 2q:1 100 67f't nf4ces 9722 SPePrnt Qe0oki,k'&K: '.. tit,Pr int r ,p �e-i+Return to l'op S-cidr.$298,.09424 A)01 We Recommend More from Our Partners c.n= -it open So 11.2 http://www.montereyherald.com/ei_I 7956591?IADID=Search-www.montereyherald.com-... 5/2/2011 Child porn suspect in rehab, lawyer says - MontereyHerald.com : Page 2 of 2 Why Does a Policeman Touch a Tail Light? n "tt„i+„rl�"uC"'� swsE,aoayt .zsvx i Police briefs:Castrovllle girl,11,gets fellow) Marinas;e sans,nu0 New pregnant in rape RE 2:5.77+e SC man who had sex with horse released Priest with TV Ministery Sacrfices Career for from prison Affair with Cousin(AOL Jobs) Au.c.o-;nn*s Cisama bin Laden is dead Homebuyers,banish the drama of staging Two men stabbed outside movie theater (6a kRoh,com) Two stabbed at Del Monte Center Worried It's Alzheimer's?8 Symptoms to Watch For(Cenng.com) ")" a What's up with U.S.gasoline prices?(exxonMobns Perspectives) Ia h,r�rhi:l �k .. i.n'Y, t:a,:em••r,r A•r 4h 1 v1roter.: The Monterey County Herald's commenting service is provided by D aqua We encourage commenters to use their reel names n and to respect other commenters and readers company, ' � 9LroN =p ' Ppr.4ud Add New Comment ^ Required:Please login below to comment. 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A�J,by yatioW taw< 'S@',�,'.y"FR3� rR1, e ��1 r.. «5,. ,9PE` ,YS'FA'=,k , 11 Newt.I Business Sports Entertainment I Life&Times Shop Lncel Tnday's Ad,I Cla-ifieds I Jrb,I Care.I Real Estate10 �C.rn'ss':1'u Ft:;i A'd�llfSl Ness�id0llp Wk: ITk: Dasient Ahou1 P:irary:ii,aiern¢:ni(Aboue czar ad.s':F:n:@ Mcnw,ey Jobs I Copy,-UN MM Copyright®2011-Monterey County Herald 8 Upper Ragsdale,Monterey,CA 93940(831)372.3311 MedlaNews Group-Northern California Network http://www.montereyherald.com/ci—I 7956591?IADID=Search-www.montereyherald.com-... 5/2/2011 Date: April 25, 2011 TO: Palm Springs Planning Commission FROM: Sheryl Hamlin 565 W. Santa Rosa Drive RE: 5.1249 PDD 358 CUP Michaels House 430 South Cahuilla The staff report for this project couches the entire application in terms of a six room addition, avoiding entirely the serious medical issues associated with this type of facility. The staff report focuses on parking, density, architecture, and trash pickup but includes nothing medical, even though Michaels House is essentially a medical treatment facility. R-1. Distance Not Maintained The staff report fails to note the requirement for R1 distance. On page three (3), the staff report says "Cahuilla is a local street" and later on page 3, the staff report mentions that across the street is R-1-A estate residential. In fact, the entire west side of Cahuilla from Baristo to Ramon consists of such R-1-A properties which continue west to the mountain. The staff reports omits the reference to assisted living facilities with respect to R-1 zones in the Palm Springs Municipal Codes: 92,02,01 Uses permitted Assisted l'iv n; facilities and convalescent homes, subject to the provisions of Section 94.02.00(H)(7); and provided,property on which such use is proposed is located one hundred fifty (150)feet from any R-1 zone district; Income Level Misleading On page four(4) of the staff report,the policy HS.1.6 is referenced: "provides for...housing affordable to households at different income levels". The commission should understand that Michaels House charges $24,000 per month,paid either by insurance companies or the client directly. At what point do we start planning for abundant high end housing? The reference to HS 1.6 does not reflect the spirit of the HS policy. Michaels House is a highly profitable business. This facility can easily gross $8 million or more. With these rates, the city will be seeing more applications for such facilities within established 5.1249 PDD 358 CUP Page 1 of 4 neighborhoods. Approving this CUP creates precedence and a wave of unintended consequences for the entire city. History On page five (5), the staff report indicates that the facility was "recognized for many years as a `group home'..." but the staff report does NOT mention that services changed when the new owners bought the facility and also started the facility on Indian Canyon and the outpatient facility in The Courtyard. CEO Krista Gilbert was repeatedly asked about the changes in medical modalities at the April 25t"Historic Tennis Club Neighborhood Organization (HTCNO) board meeting. She did not provide an answer. However, a staff member of the Planning Department stated when i visited the Planning Desk to read the application that the CUP was driven by three factors: 1) six additional rooms, 2) providing of prescription drugs and 3) addition of women. Although Ms. Gilbert said there would be no women clients,the staff report does not say that maintaining an all male facility is planned. She did not provide information about the change in medical modalities which was specifically asked of her multiple times. The Michaels House website indicates the following about serious medical disorders: http://www.inicliactshouse.com/dual-diagnosi s/co-occurring-di sorders.htm • 56%of individuals with a bipolar disorder, (Manic depressive illness) abuse substances • 47%of'individuals with a schizophrenic disorder, abuse substances • 32%of individuals with a mood disorder other than bipolar, abuse substances • 27%of individuals with an anxiety disorder, abuse substances When asked if she felt it was good policy to let a van of individuals with the above disorders out accompanied only by a counselor, she indicated that the less dangerous clients would be allowed out after being upgraded from Level 1 (serious and restricted to inside the property) to Level 2 (less serious with outside privileges). This upgrade does not appear to be performed by a medical practitioner because as Ms. Gilbert stated,they are not allowed to hire medical practitioners, by definition. The staff report does not mention different levels of clients nor security required by client level. Ms. Gilbert stated that there will be no detox at the Cahuilla Street facility, but is this written in the staff report as a permanent condition of approval? 5.1249 PDD 358 CUP Page 2 of 4 Irresponsible Economic Statement about Small Hotels On page ten (10),the staff report makes an amazing claim: "...Often the limited number of rooms in small aging hotels makes them economically unfeasible to operate as a tourist hotel..." Has the Planning Department forgotten The Willows (8 rooms of elegance), The Villa Rosa(6 rooms), The Old Ranch Tnn (8 rooms), The Cala Lilly (9 rooms), Andalusian Court (7 rooms), Coyote Inn(7 rooms) and the Alexander Inn(5 rooms). I am sure there are more small inns than those mentioned above which are a major contributor to the charm of Palm Springs and to the TOT. Is the Planning Department advocating that small hotels be converted into rehab facilities? Neighbors Aware of Michaels House Clients At the annual meeting of the HTCNO in February 2011,this CUP was discussed. There were anecdotes of small hordes of men walking arm in arm across the street rather than in single file displaying hostile and/or unnerving behavior toward other walkers. The neighbors at the west end of Ramon were particularly concerned about the behavior. A motion was put forth and approved overwhelmingly to oppose the CUP. The letter is attached to the staff report. According to the CEO, changes were put into effect 2-3 weeks ago about the behavior of the clients on walks presumably in response to the February 2011 HTCNO letter; however a neighbor attending the April 25"'HTCNO board meeting reported a recent and unpleasant citing of a small group of men from Michaels House. If Michaels House cannot effect changes in public walking, then how do they plan to maintain a secure facility with Level 1 clients restricted to the property? Notice potentially Improper At least three residents within the sphere of notification reported not receiving the notice of the CUP. When was the first notice mailed and to whom?Was a second notice sent for the April 271" hearing? Planning Report Conclusion Flawed The Planning Department staff report concludes that because of density and the number of beds, Michaels House is "in harmony with the General Plan and relates well to the surrounding neighborhood" (page 10). 5.1249 PDD 358 CUP Page 3 of 4 On page five (5), the staff report says that for many years the facility was recognized as a `group home'... From Wikipedia, a `group home' is defined as: A group home is a private residence designed or converted to serve as a non-secure home for unrelated persons who share a common characteristic. In the United States,the term most often refers to homes designed for those in need of social assistance, and who are usually deemed incapable of living alone or without proper supervision. Prior to the 1970s,this function was served by institutions, asylums,poorhouses, and orphanages. Society has changed drastically since the original `group home' was established on the Michaels House property. Chemical dependencies are most likely associated with serious mental diseases requiring prescription medicine and medical care. Does it make sense for 30 young, adult males, potentially desirous of alcohol, heroin, cocaine, meth or sex to be bottled up in a low security former group home and/or let out with a `counselor' for a stroll through a residential neighborhood? The Cahuilla street `group home' has become an expensive drug and alcohol rehab center under its new Tennessee owners. Recommendation The staff report should immediately be revised to outline in detail the differences in services with the new owners versus the previous `group home' owners and the difference in services between the Cahuilla facility and the two other Michaels House facilities in Palm Springs.Note, too, that this study should also include the proposed facility in South Palm Springs. Based on this study, conditions about security and client profiles should be established and codified into city policy. This CUP is much more than a simple zoning issue, as the staff report suggests. if this type of facility is to be a growth industry for the valley, there are many other issues to be considered than that in the staff report. 5.1249 PDD 358 CUP Page 4 of 4 o�V A L M 5,6 r v v+ Z A c BCD' `9A ORATES Z '441F004% CITY COUNCIL STAFF REPORT rn DATE: May 18, 2011 PUBLIC HEARING O SUBJECT: PALM SPRINGS TREATMENT CENTERS, LLC FOR CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358; "MICHAEL'S PLACE"; AN ASSISTED LIVING FACILITY USE ON AN APPROXIMATELY 0.88 ACRE SITE AT 430 SOUTH CAHUILLA ROAD; ZONE R-3, RESORT COMBINING ZONE OVERLAY (APN 513-212-002) rn C FROM: David H. Ready, City Manager rn BY: Department of Planning Services r 0 SUMMARY The City Council will review a Planned Development District (PDD) application seeking approval of an assisted living facility use in an R-3 zone, modification of the methodology for calculating density for an assisted living facility at this specific site and M minor adjustment of other development standards. The applicant is seeking both Z preliminary and final PDD approval at this public hearing. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1249, 10 PLANNED DEVELOPMENT DISTRICT 358, FOR MICHAEL'S PLACE; A SUBSTANCE ABUSE RECOVERY CENTER (ASSISTED LIVING FACILITY USE) IN AN EXISTING FACILITY ON A ROUGHLY 0.88 ACRE SITE LOCATED AT 430 SOUTH CAHUILLA ROAD." PRIOR ACTIONS: On July 20, 2010 the applicant received a Notice of Code Violation from the City in n response to an application to revise their business license increasing the bed count from 24 to 30 beds for a substance abuse recovery treatment center (assisted living facility) at 430 Cahuilla Road. On April 27, 2010, the Planning Commission by a vote of 4-2; (Conrad, Hudson opposed) adopted a Categorical Exemption under the Guidelines of the California ITEM NO. , City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 2 of 9 Environmental Quality Act (CEQA), approved the Preliminary and Final PDD for Case 5.1249, PDD 358 subject to Conditions of Approval, and recommended the approval of r Case 5.1249 PDD 358 by the City Council. BACKGROUND AND SETTING Z Michael's House, a substance abuse recovery center, has operated a 24-bed recovery Z center at this location for over twenty years. It is licensed at this site with the State of rn California Department of Alcohol and Drug Programs as a 30-bed treatment center for men and women (however current treatment programming is for men only). The subject parcel is approximately 38,550 square feet (0.88 acres) in size and has street frontages on both Cahuilla and Belardo Roads, however the property address is on Cahuilla. The site has bay parking on Cahuilla Road and two bay parking spaces on Belardo Road. Belardo is a collector street on the General Plan Circulation Map and Cahuilla is a local ❑ street. The complex is comprised of two structures: a 1946 building on the west part of rn the lot and a single story building immediately adjacent on the east. C The facility is comprised of nine (9) dwelling units. The units are furnished to rn accommodate two to five patients per dwelling unit for a total of thirty (30) patients on site. There are also common lounges, eating areas, meeting rooms, and administrative r offices. There are two portions of the main building that have a second floor. Two of a the patient rooms are located in those second floor spaces and are accessed from separate exterior stairways. The buildings surround a common courtyard area with 'fl pool, volleyball court, landscape and other recreational amenities. There is a masonry wall at the perimeter of the complex. rn The existing land use, Zone and General Plan land use designation of the surrounding Z properties are listed in Table 1 below. TABLE 1: Surrounding General Plan, Zoning and Land Uses General Plan Zone Land Use North Small Hotel R-3 Hotel/Restaurant Vicero ❑ South Small Hotel R-3 Restaurant Melv ns East CBD CBD Commercial/Financial Institution West Estate Residential R-1-A (Vacant) Residential STAFF ANALYSIS: General Plan: The General Plan land use designation for this site is "Small Hotel" (15 hotel rooms per acre or 10 dwelling units per acre). The General Plan description of the Small Hotel Land Use designation is noted in the Planning Commission staff report. The maximum allowable density is 10 du/ac x 0.88 acre = nine (9) dwelling units. The applicant has nine dwelling units and thus conforms to the General Plan. c. City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 3 of 9 The proposed use is in harmony with the General Plan as noted in the Planning r Commission staff report. Zoning. Z Conditional Use Permit required: Z The facility is used as a drug and substance abuse recovery center with patients in rn treatment programs lasting anywhere from thirty (30) to ninety (90) days. A similar facility and use is owned and operated by the same applicant under a separate Conditional Use Permit at 2095 North Indian Canyon Drive. An assisted living facility is classified as a residential use within the Palm Springs Zoning Ordinance. Drug and substance abuse recovery centers fall within the definition of "assisted living facilities" uses in PSZO Section 91.00.10 p Pursuant to Section 92.03.01(A)(2), assisted living facilities are allowed with the r1'I approval of a Conditional Use Permit (or PDD) in the R-3 zone. The existing facility was C recognized for many years as a "group home" and more recently as simply "multi-family rn residential", but since the facility provides professional substance abuse treatment services to its resident clients, the use fits the definition of "assisted living facility", and r thus the CUP/PDD application is required. O Development Standards: The following table provides a summary of the development standards for the R-3 zone compared to the parameters of the proposed development. YI1 TABLE 2 - Comparison of development regulations & proposed conditions Z R-3 Re u1red/Allowed Proposed PDD 358 -� Lot Area Minimum 20,000 sf 38,550 conforms Lot Width 130 feet 150 feet conforms Lot Depth 150 feet 257 feet conforms Density General Plan: 10 du/ac = 9 Nine (9) existing dwelling units p units and thirty (30) beds _ Zoning Code: 21.78 du/ac x (Conforms to the General Plan 1.38 persons x 0.88 ac = 26 but does not conform to beds zonin Building Height 24 feet and 2 stories Existing; roughly 22 feet & 2 stories conforms _ Set Back Front 25 feet 19.25' on Cahuilla; roughly 22 feet and at upper level n City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 4 of 9 does not conform) _ Interior setback 10 feet or equal to height for 11.75' north and 12.67' south at r- side yard bldgs greater than 12 feet 22 foot high 2 story elements does not conform)' Distance 15 feet 1 foot (does not conform) Z between bid s. Rear Yard Set 10 feet 52.75' on Belardo (conforms) Z Back M Parking 0.5 space/bed + 1/every 3 staff 13 existing + 5 new = 18 spaces (30 beds + 8 staff = 18 proposed (conforms however required s aces design standards do not conform) Height of wall 6 feet side yard Existing 6 feet conforms Lot Coverage 30% maximum on sites with Existing 21.3% (conforms) structure over 18 feet in height Open/usable 40% Existing 64% (conforms) M landscape/recre ational Space C M Density Analysis pursuant to the Zoning Code r Density calculations in the Zoning Code for assisted living facilities do not directly correlate in a simple way with density calculations in the General Plan. The Zoning 0 Code establishes permitted densities for assisted living facilities based on the permitted density of the zone (dwelling units per acre) multiplied by the latest census figure for the average household size in Palm Springs times the net area of the site. The 2000 census estimates the average household size to be 1.38 persons. This figure (1.38) multiplied by the density of the zone (2,000 square feet per dwelling unit), or 21.78 M dwelling units for the R-3 zone per acre, times the lot size of 0.88 acres yields a Z maximum allowable density for this site of twenty-six (26) beds. The project proposes thirty (30) beds and thus is not consistent with the Zoning Code. An alternative method for calculating density The applicant has submitted a Planned Development District (PDD) seeking to revise the methodology for calculating density for an assisted living facility at this specific site, 0 based upon a fixed bed count related to on-site parking rather than average household — size. The concept of limiting density for assisted living facilities to a fixed number of beds based on the number of off-street parking spaces is a concept that has been approved elsewhere in the City. In 2008, the Planning Commission and City Council approved _ Case 5.1193 PDD 354, which established a fixed bed count (density) for a proposed The existing structures, although built with permits do not conform to the contemporary development standards for the zone and are thus deemed "legal non-conforming". The PDD incorporates these setbacks as the proposed setbacks for the parcel, thus they would become "legal conforming" with the approval of the PDD. t City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 5 of 9 new assisted living facility based on the quantity of off-street parking. The same parking "O and density ratio that was used in that application is being proposed in this application. r The current proposal would eliminate the potential density fluctuation caused by tying density to census figures by fixing the bed count to a fixed ratio of 0.5 parking space for Z every bed. As a development standard of the proposed PDD, a fixed bed count of 30 beds is proposed that relates directly to the 15 off-street parking spaces provided for Z patients at this particular site, plus 3 spaces based on a 1 to 3 ratio for eight staff rn members. Staff believes this is a more logical and controlled method of establishing an appropriate density for the proposed facility and should reduce the possibility of over- crowding or potential parking shortages at this facility in the future. Resort Combining Zone. The subject site lies within the Resort Combining Overlay Zone. The "R" resort overlay Ip zone is intended primarily to provide for accommodations and services for tourists and rn visitors while guarding against the intrusion of competing land uses. A finding relating to the Resort Combining Zone is analyzed in the Findings section below. C Building Composition: rn The facility is comprised of two existing structures; a one-story stucco-clad structure; r and a second building in which there are two portions that are two stories in height. One building, on the north side of the lot, is designed in a modern architectural style and the other in a more traditional Spanish Colonial style. Landscape: The site was developed many years ago and thus its landscaping is mature and lush. r1'I The project has large areas set aside for recreational use, surrounding a swimming pool and terrace areas. Off-Street Parking: Off-street parking is regulated by Section 93.06.00 of the zoning ordinance. Pursuant Zoning Code 93.06.00 (D, 14) and 94.02.00(H)(7) parking for assisted living facilities is calculated at 1 space for every 2 beds + 1 space for every 3 staff. This project 0 proposes thirty beds and eight staff, thus eighteen (18) spaces are required. Eighteen spaces are provided (13 existing and 5 proposed new spaces) thus the project conforms to the off-street parking requirements in terms of quantity. --I Parking on the site is accommodated with a combination of new and existing bay parking. Bay parking is defined as parking spaces that are accessed directly off the adjacent street. The bay parking on the site, which is mostly existing, does not fully conform to the current Zoning Code design standards (for example landscaping, shade, decorative paving, and curbs). With the approval of the PDD, the off-street parking as designed will be deemed conforming for this site. Bicycle Parking: City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 6 of 9 Section 93.06.00(C)(5) of the PSZO states that bicycle racks or bicycle parking facilities may be required on projects submitted for architectural approval. No bicycle parking r facilities are proposed for this project and relief from this standard is sought by the PDD. > Off Street loading, Trash Enclosures and Recycling: Z Section 93.07.00 of the PSZO regulates development standards for off-street loading and trash enclosures. Pursuant to 93.07.01(A), every commercial building shall have Z and maintain loading spaces. The subject project does not have a loading dock. PSZO M Section 93.07.01(A)(8) notes that parking areas and drive aisles may be used for the loading space for a project subject to approval of the Planning Commission. Freight 10 entry and garbage removal on this project are handled from the west side of the site. A new relocated trash enclosure is proposed. Staff recommends the site plan for off- street loading and trash enclosures be approved as proposed. v Public Benefit Policy for Planned Development Districts M On September 17, 2008, the City Council adopted a policy requiring public benefits be provided with every proposed Planned Development District. The policy states that the C public benefit should be proportionate to the deviation or relief sought from the M underlying development standards for the zone. In this case, the applicant requests a different methodology be approved for calculating density for an assisted living facility r for this specific site. By approving the PDD the applicant would be permitted 30 beds. 0 Without the PDD, 26 beds would be permitted. The PDD also incorporates existing legal, non-conforming setbacks as the defined, approved setbacks for the parcel Staff believes the degree of relief sought by the applicant is minor. Other than reconfiguration of off-street parking to provide 5 additional spaces, there are no M substantive modifications proposed to the exterior of the existing structures or the Z landscaping, and no significant change in the use is being proposed. The applicant has proposed that the use itself, - that of an assisted living facility providing diagnosis and treatment of substance dependence and secondary diagnosis of mental health concerns - provides a substantial public service and benefit to the community. Furthermore, the applicant notes the "secondary economic effects" of the clients and their families using local restaurants, hotels, and other business _ establishments adds to the economic vitality of the City of Palm Springs. REQUIRED FINDINGS: 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 0 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: R,) City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 7 of 9 "...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 r underlying zone." The proposed use is compatible with its surroundings which include hotels, restaurants, Z 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 Z density, scale and atmosphere of one of the existing small hotels in the Tennis Club M Neighborhood that might otherwise be lost with a newer, denser type of redevelopment possible within the R-3 zone. Planned Development District Findings. Findings for a Planned Development District are the same as findings for the Conditional Use Permit. The process outlined in Section 94.02.00 of the Zoning Code requires the Planning Commission and the City Council to make a number of findings M for approval of the permit. The findings are listed below followed by an evaluation of the project by Staff against these findings. C 1) That the use applied for at the location set forth in the application is M properly one for which a conditional use permit is authorized by this r Zoning Code. O Pursuant to Section 92.03.01(A)(2),assisted living facilities are allowed with a "0 Conditional Use Permit in the R-3 zone. The project therefore conforms to this finding. E 2) That the use is necessary or desirable for the development of the M community, is in harmony with the various elements or objectives of the Z 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 Cl) 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 an economically 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 n 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: City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 8 of 9 Goal HS1: "Facilitate a broad range of housing types, prices and �-- opportunities to address current and future housing needs in the community." Z The project addresses a special type of supportive housing need for persons recovering from alcohol and substance abuse that cannot otherwise be accommodated with Z conventional housing units. Thus the project contributes to the provision of a broad rn range of housing types within the City. v 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." v As a recovery center for those seeking treatment for substance abuse, the facility rn 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 C methodology of the zoning code. It does so by linking it to off-street parking capacity. rn 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. r The project is therefore supportive of this policy. O 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 R1 short term housing that provides supportive services for those seeking treatment and Z 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 permits 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 n 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. In addition, Planning Commission imposed conditions including moving outdoor group play �i City Council Staff Report May 18, 2011 Case: 5.1249 PDD 358 Assisted Living Facility at 430 S. Cahuilla Road Page 9 of 9 areas (such as volley ball) to the eastern part of the site, and provision of vehicular transport of clients to trail heads minimizes the potential for noise disturbances in the r adjacent neighborhood. Therefore, Staff concludes that the site is adequate for the proposed use. Z 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 Z generated by the proposed use. M 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 p reductions .in Level of Service (LOS). Staff has therefore concluded that the site M adequately relates to the circulation network of the City. C NOTIFICATION M lr A public hearing notice was advertised in the Desert Sun and was mailed to property owners within 400 feet of the subject property. As of the writing of this report, staff has 0 received written public comment which is attached to this staff report. FISCAL IMPACT: No fiscal impact. M Z Cr ' ��AEA�ann P Thomas Wilson Assistant City Manager Dire of Services David H. Ready, City r U) Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval -- 3. Excerpt of Planning Commission Draft Minutes dated April 27, 2011 0 4. Planning Commission Staff Report, Resolution No. 6194 and Conditions of approval dated April 27, 2011 5. Site plan and photos 6. Public Correspondence ��t PALM 1rh u N Department of Planning Services N W E " "' Vicinity Map S r . .. . ......... ................................ m , n ,.... rg GCt G7 ..............................a I Iq CCI { NTA RASA D > ' w Q m r ....... I ......... ! { PRTEt+I IO LN t , € I I ; ............ ,... ,.' I ,.....�,..�....... € .. ) ............. ......... � i.. .........) I........... ....... �......... ............ ...i , �....... _ i ray rurC)t4 Rn - ,I I , Legend j .................................................... Q 400 Foot Buffer SITE �R Parcels CITY OF PALM SPRINGS CASE NO.: 5.1249 PDD 358 DESCRIPTION: A request by Palm Springs Treatment Centers, LLC for a Planned APPLICANT: Palm Springs Treat- Development District for an assisted living ment Centers, LLC facility on a roughly 0.88 acre parcel at 430 "Michaels' House" South Cahuilla Road; Zone R-3, Section 15. APN 513-212-002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE 5.1249 PDD 358, A PLANNED DEVELOPMENT DISTRICT APPLICATION SEEKING TO REVISE THE DEVELOPMENT STANDARDS AND THE METHOD FOR CALCULATING DENSITY FOR AN ASSISTED LIVING FACILITY ON A ROUGHLY 0.88 ACRE PARCEL AT 430 CAHUILLA ROAD; ZONE R-3 SECTION 15; 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. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: City Council Resolution No. May 18, 2011 Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 2 of 5 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. 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." 1 � City Council Resolution No. May 18, 2011 Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 3 of 5 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 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 13 City Council Resolution No. May 18, 2011 Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 4 of 5 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 day of 2011. AYES: NOES: ABSENT: ABSTAIN: CITY OF PALM SPRINGS, CALIFORNIA MAYOR ATTEST: City Clerk Z City Council Resolution No. May 18, 2011 Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 5 of 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. is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California \ to RESOLUTION NO. 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. Project Description. This a pproval 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 Re gulations. 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 t6 Resolution Conditions of Approval Page 2 of 4 Case 5.1249 PDD 358 Michael's House at 430 Cahuilla Road May 18,2011 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. Right to A eal. 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. r � Resolution Conditions of Approval Page 3 of 4 Case 5.1249 PDD 358 Michael's House at 430 Cahuilla Road May 18, 2011 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. 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. Resolution Conditions of Approval Page 4 of 4 Case 5.1249 PDD 358 Michael's House at 430 Cahuilla Road May 18, 2011 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. 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 Planning Commission Minutes April 27, 2011 3. PUBLIC HEARINGS: 3A. Case 5.1249 1 PDD 358 - A planned development district application from Palm Springs Treatment Centers, LLC, (Michael's House) requesting to revise the methodology for calculating density for an assisted living facility and to seek approval of that use at an existing facility at 430 Cahuilla Road; Zone R-3, Section 15. (Planner: Ken Lyon, Associate Planner) Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated April 27, 2011. Chair Caffery opened the public hearing: -Dr. Krista Gilbert, CEO for Michael's House, provided further informakn,_;,about the type of services offered by the residential treatment facility. Dr. Gilbert rioted that the proposed use is compatible with its ` surroundings, minimal complaint letters and the economic benefits to the city from the use of local restaurants, hotels and other establishments by client's family members. -James Cioffi, architect for the project, spoke about the compatibility of the facility with the neighborhood and noted that an outreach neighborhood meeting was held, letters of support from neighborhood. -Sheryl Hamlin, Palm Springs, noted concerns with the staff report including the omission of serious medical disorders associated with this type of facility and security levels for the clients. -Dave Johnston, Palm Springs, (property owner in the Historic Tennis Club neighborhood) spoke in favor of the project and noted that he has never had any problems with this treatment facility. -Marshall Roath, chair (Historic Tennis Club Neighborhood Organization), expressed concern with noise coming from the group activities and the safety of the neighborhood. -Jim Crass, Palm Springs, commented that many clients in these types of facilities may be family members and not necessarily drug addicts. -Dr. Gilbert, representing the applicant, addressed the type of rehabilitation services provided at the treatment enter. There being no further appearances the public hearing was closed. Commissioner Conrad questioned the client's level of confinement to the facility. Vice Chair Donenfeld suggested better communication between the applicant and the neighborhood since the recovery center has been in this location for over twenty years. ACTION: To continue to the meeting of May 11, 2011, to allow the applicant to adequately address the concerns of the neighborhood. Motion Tracy Conrad, seconded by Doug Hudson and failed 3-3 on a roll call vote. MOTION FAILED. � d C7F I?At s r ati � u ► Z � ���•a4sWWa},'a Planning Commission Staff Re ort Z rn Date: April 27, 2011 0 Case No.: 5.1249 — PDD 358 Type: Planned Development District (PDD 358) (Conditional Use Permit) Location: 430 South Cahuilla Road rn APN: 513-212-002 C m Applicant: Michael T. Cartwright, Palm Springs Treatment Centers, LLC r.. General Small Hotel (10 du/acre — 15 hotel rooms/acre) 0 Zone: R-3 (High Density Residential) Section 15/T4/R4 / Resort Combining Zone From: Craig A. Ewing, AICP, Director of Planning Services rn Planner: Ken Lyon, Associate Planner Z PROJECT DESCRIPTION: The project is a Planned Development District (PDD) application seeking approval of an assisted living facility use in an R-3 zone, and modification of the methodology for 0 calculating density for an assisted living facility at this specific site and minor adjustment �— of other development standards. The applicant received a code violation notice requiring the filing of a Conditional Use Permit (CUP) for operation of an assisted living facility/substance abuse recovery center. The site is a 0.88 acre parcel at 430 Cahuilla Road. The PDD application serves as the mechanism for both the CUP application and the alternative density calculation request. The applicant is seeking both preliminary ._ and final PDD approval at this hearing. RECOMMENDATION: That the Planning Commission approves Case 5.1249 — PDD 358 a preliminary and final Planned Development District / Conditional Use Permit to allow an assisted living facility/substance abuse recovery center use in an existing facility at 430 South Cahuilla Planning Commission Staff Report April 27, 2011 Case 5.1249— PDD 358 Michael's House 430 Cahuilla Road Page 2 of 12 Road in accordance with a revised methodology for calculating density, subject to the r attached Conditions of Approval, and recommends approval by the City Council. PRIOR ACTIONS: Z On July 20, 2010 the applicant received a Notice of Code Violation from the City in Z response to an application to revise their business license increasing the bed count rn from 24 to 30 beds for a substance abuse recovery treatment center at 430 Cahuilla Road. BACKGROUND AND SETTING: The facility at 430 South Cahuilla Road was constructed in 1946 and operated for many v years as the Colony Apartments. The facility was designed by renowned architect E. rn Stewart Williams for internationally known illustrator Earl Somers Cordrey'. C rn r I o SITE rn z v � q v AERIAL PHOTO OF 430 SOUTH CAHUILLA ROAD Michael's House, a substance abuse recovery center has operated a 24 bed recovery center at this location for over twenty years. The subject parcel is approximately 38,550 square feet (0.88 acres) in size. Its dimensions are roughly 150 feet x 257 feet and it _ 1 Earl Somers Cordrey (1902 - 1977), designed the official seal for the City of Palm Springs. Cordrey's 0 cover and story illustrations appeared in numerous magazines including Cosmopolitan, Redbook, The American Weekly, and Collier's in the 1930s and '40s. He also worked as an art director for Palm Springs Life magazine, designing that magazine's logo, numerous covers and other illustrations for that magazine. '13 Planning Commission Staff Report April 27, 2011 Case 5.1249— PDD 358 Michael's House 430 Cahuilla Road Page 3 of 12 has street frontages on both Cahuilla and Belardo Roads, however the property address r is on Cahuilla. The site has bay parking on Cahuilla Road and two bay parking spaces on Belardo Road. Belardo is a collector street on the General Plan Circulation Map and Cahuilla is a local street. The complex is comprised of two structures: the 1946 building Z noted above on the west part of the lot and a single story building immediately adjacent z on the east. M The facility is comprised of nine (9) dwelling units. The units are furnished to accommodate two to five patients per dwelling unit for a total of thirty (30) patients on site. There are also common lounges, eating areas, meeting rooms, and administrative offices. There are two portions of the main building that have a second floor. Two of the patient rooms are located in those second floor spaces and are accessed from separate exterior stairways. The buildings surround a common courtyard area with ❑ pool, volleyball court, landscape and other recreational amenities. There is a masonry M wall at the perimeter of the complex. C The existing land use, Zone and General Plan land use designation of the surrounding m properties are listed in Table 1 below. r TABLE 1: Surrounding General Plan, Zoning and Land Uses 0 General Plan Zone Land Use North Small Hotel R-3 Hotel/Restaurant (Viceroy) South Small Hotel R-3 Restaurant Melv ns M East CBD CBD Commercial/Financial Institution West Estate Residential R-1-A (Vacant) Residential Z ANALYSIS: General Plan: ❑ The General Plan land use designation for this site is "Small Hotel" (15 hotel rooms per acre or 10 dwelling units per acre). The General Plan description of the Small Hotel Land Use designation states: U) "This designation applies to areas with smaller-scale, boutique type hotels that are typically found in the Warm Sands and Tennis Club neighborhoods. It is intended that the tourist resort character of these neighborhoods be preserved; as a result, new residential uses or 0 conversion of small hotels to residential uses are permitted as long as they comply with the conversion requirements outlined within the City's �t Planning Commission Staff Report April 27, 2011 Case 5.1249—PDD 358 Michael's House 430 Cahuilla Road Page 4 of 12 Zoning Code2. Stand-alone retail and commercial uses are not permitted r in this land use designation 3. Ancillary commercial uses such as a gift shop associated with a small hotel use are allowed. Z Relative to the General Plan, the maximum allowable density is 10 du/ac x 0.88 acre = 9 Z dwelling units. The applicant has nine dwelling units and thus conforms to the General Plan. M 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." m The project addresses a special type of supportive housing need for persons recovering C from alcohol and substance abuse that cannot otherwise be accommodated with M conventional housing units. Thus the project contributes to the provision of a broad r range of housing types within the City. Q 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 M provides a unique type of special needs housing. The PDD establishes a methodology Z 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. v Policy HS3.2: "Assist... in the development of emergency, transitional and — permanent supportive housing, and the provision of supportive services..." Cl) As a fully staffed facility, the proposed project will provide a source of permanent, but __q short term housing that provides supportive services for those seeking treatment and ;U recovery from substance abuse and addictions. The project is harmonious with this 0 2"Conversion requirements" relates to conversion of short term hotel uses to apartment/condominium uses with permanent cooking facilities. In this case, the concern about loss of hotel rooms does not apply because the units were originally constructed as apartments. The cooking facilities were removed many years ago and food service is provided to patients in a common dining room. 3 As noted above, stand alone commercial uses do exist in the Small Hotel land use designation that pre- date the 2007 General Plan Update which created the Small Hotel Land Use designation. . Planning Commission Staff Report April 27, 2011 Case 5.1249— PDD 358 Michael's House 430 Cahuilla Road Page 5 of 12 policy. r Zoning: Z Conditional Use Permit required: Z The facility is used as a drug and substance abuse recovery center with patients in treatment programs lasting anywhere from thirty (30) to ninety (90) days. A similar M facility and use is owned and operated by the same applicant under a separate Conditional Use Permit at 2095 North Indian Canyon Drive. An assisted living facility is classified as a residential use within the Palm Springs Zoning Ordinance. Drug and substance abuse recovery centers fall within the definition of "assisted living facilities" uses in PSZO Section 91.00.10 (Definitions)which states: 'Assisted living facility" means a special combination of housing, M supportive services; personalized assistance and health care licensed and designed to respond to the individual needs of those who need help with C activities of daily living and instrumental activities of daily living. Supportive M services are available twenty-four (24) hours a day to meet scheduled and unscheduled needs in a way that promotes maximum dignity and r independence for each resident and involves the resident's family, 0 neighbors and friends, and professional caretakers. MU Pursuant to Section 92.03.01(A)(2), assisted living facilities are allowed with the approval of a Conditional Use Permit (or PDD) in the R-3 zone. The existing facility was recognized for many years as a "group home" and more recently as simply "multi-family M residential", but since the facility provides professional substance abuse treatment Z services to its resident clients, the use fits the definition of "assisted living facility", and thus the CUP/PDD application is required. Development Standards: The following table provides a summary of the development standards for the R-3 zone compared to the parameters of the proposed development. C7 TABLE 2 - Comparison of development regulations & proposed conditions 0) R-3 Re uired/Allowed Proposed PDD 358 Lot Area Minimum 20,000 sf 38,550 conforms Lot Width 130 feet 150 feet (conforms) Lot Depth 150 feet 257 feet conforms 0 Density General Plan: 10 du/ac = 9 Nine (9) existing dwelling units units and thirty (30) beds -� Zoning Code: 21.78 du/ac x (Conforms to the General Plan 1.38 persons x 0.88 ac = 26 but does not conform to beds zoning) � U Planning Commission Staff Report April 27, 2011 Case 5.1249—PDD 358 Michael's House 430 Cahuilla Road Page 6 of 12 Building Height 24 feet and 2 stories Existing; roughly 22 feet & 2 r _ stories conforms) Set Back Front 25 feet 19.25' on Cahuilla; roughly 22 feet yard at upper level Z does not conform) Z Interior setback 10 feet or equal to height for 11.75' north and 12.67' south at side yard bldgs greater than 12 feet 22 foot high 2 story elements I'll (does not conform, see note below) Distance 15 feet 1 foot (does not conform) between bld s. Rear Yard Set 10 feet 52.75' on Belardo (conforms) Back Parking 0.5 space/bed + 1/every 3 staff 13 existing + 5 new = 18 spaces M (30 beds + 8 staff = 18 proposed (conforms however C required spaces design standards do not conform Height of wall 6 feet side yard Existing 6 feet conforms I'TI Lot Coverage 30% maximum on sites with Existing 21.3% (conforms) r.- structure over 18 feet in height Open/usable 40% Existing 64% (conforms) 0 landscape/recre ational Space Density Analysis pursuant to the Zoning Code M Density calculations in the Zoning Code for assisted living facilities do not directly correlate in a simple way with density calculations in the General Plan. The Zoning Z Code establishes permitted densities for assisted living facilities based on the permitted density of the zone (dwelling units per acre) multiplied by the latest census figure for the average household size in Palm Springs times the net area of the site. The 2000 census estimates the average household size to be 1.38 persons. This figure (1.38) multiplied by the density of the zone (2,000 square feet per dwelling unit), or 21.78 C] dwelling units for the R-3 zone per acre, times the lot size of 0.88 acres yields a maximum allowable density for this site of twenty-six (26) beds. The project proposes — thirty (30) beds and thus is not consistent with the Zoning Code. W An alternative method for calculating density The applicant has submitted a Planned Development District (PDD) seeking to revise the methodology for calculating density for an assisted living facility at this specific site, r.. based upon a fixed bed count related to on-site parking rather than average household 0 4 The existing structures, although built with permits do not conform to the contemporary development standards for the zone and are thus deemed "legal non-conforming". The PDD incorporates these setbacks as the proposed setbacks for the parcel, thus they will become"legal conforming" with the approval of the PDD. .: o Planning Commission Staff Report April 27, 2011 Case 5.1249— PDD 358 Michael's House 430 Cahuilla Road Page 7 of 12 size. �-- The concept of limiting density for assisted living facilities to a fixed number of beds based on the number of off-street parking spaces is a concept that has been approved Z elsewhere in the City. In 2008, the Planning Commission and City Council approved Z Case 5.1193 PDD 354, which established a fixed bed count (density) for a proposed new assisted living facility based on the quantity of off-street parking. The same parking DTI and density ratio that was used in that application is being proposed in this application. ❑ The current proposal would eliminate the potential density fluctuation caused by tying density to census figures by fixing the bed count to a fixed ratio of 0.5 parking space for every bed. As a development standard of the proposed PDD, a fixed bed count of 30 beds is proposed that relates directly to the 15 off-street parking spaces provided for ❑ patients at this particular site, plus 3 spaces based on a 1 to 3 ratio for eight staff M members. Staff believes this is a more logical and controlled method of establishing an appropriate density for the proposed facility and should reduce the possibility of over- C crowding or potential parking shortages at this facility in the future. M Resort Combining Zone. r The subject site lies within the Resort Combining Overlay Zone. The "R" resort overlay O zone is intended primarily to provide for accommodations and services for tourists and visitors while guarding against the intrusion of competing land uses. A finding relating to the Resort Combining Zone is analyzed in the Findings section below. Building Composition: M The facility is comprised of two existing structures; a one-story stucco-clad structure; Z and a second building in which there are two portions that are two stories in height. One building, on the north side of the lot, is designed in a modern architectural style and the other in a more traditional Spanish Colonial style. Landscape: The site was developed many years ago and thus its landscaping is mature and lush. ❑ The project has large areas set aside for recreational use, surrounding a swimming pool _ and terrace areas. Off-Street Parking: Off-street parking is regulated by Section 93.06.00 of the zoning ordinance. Parking for assisted living facilities is calculated at 0.5 space/bed + 1 space/every 3 staff. This _ project proposes thirty beds and eight staff, thus eighteen (18) spaces are required. Eighteen spaces are provided (13 existing and 5 proposed new spaces) thus the project n conforms to the off-street parking requirements in terms of quantity. Parking on the site is accommodated with a combination of new and existing bay parking. Bay parking is defined as parking spaces that are accessed directly off the Planning Commission Staff Report April 27, 2011 Case 5.1249—PDD 358 Michael's House 430 Cahuilla Road Page 8 of 12 adjacent street. The bay parking on the site is mostly existing. The parking does not r conform to the design standards in the following ways: 1. One compact parking space is proposed — compact spaces are permitted Z only after the first 20 spaces are provided at full size (only 18 total spaces are Z proposed). 2. No continuous curb for wheelstop has been provided at the front end of any of rn the parking spaces. 3. No landscape peninsula for every five spaces is provided 4. No shade is provided. 5. No decorative paving is provided 6. The minimum 6 foot landscape space at side lot line is not provided. 7. The two-foot side concrete strip or wider end space is not provided at the end ❑ parking stalls. rn 8. The parking spaces are not located entirely on the property and encroach into the public right-of-way. C 9. There is no public sidewalk across the street frontages (no sidewalks exist on rn this section of Belardo or Cahuilla r A condition of approval has been included requiring an encroachment license for those 0 portions of the bay parking that are partially within the roadway right-of-way. The other deviations to the parking design standards are part of the deviations requested for approval within the PDD application. With the approval of the PDD, the off-street parking as designed will be deemed conforming for this site. rn Bicycle Parking: Z Section 93.06.00(C)(5) of the PSZO states that bicycle racks or bicycle parking facilities may be required on projects submitted for architectural approval. No bicycle parking facilities are proposed for this project. Off Street loading, Trash Enclosures and Recycling: Section 93.07.00 of the PSZO regulates development standards for off-street loading ❑ and trash enclosures. Pursuant to 93.07.01(A), every commercial building shall have _ and maintain loading spaces. The subject project does not have a loading dock. PSZO Cn Section 93.07.01(A)(8) notes that parking areas and drive aisles may be used for the loading space for a project subject to approval of the Planning Commission. Freight entry and garbage removal on this project are handled from the west side of the site. A new relocated trash enclosure is proposed. Public Benefit Policy for Planned Development Districts n On September 17, 2008, the City Council adopted a policy requiring public benefits be provided with every proposed Planned Development District. The policy states that the public benefit should be proportionate to the deviation or relief sought from the underlying development standards for the zone. In this case, the applicant requests a Planning Commission Staff Report April 27, 2011 Case 5.1249— PDD 358 Michael's House 430 Cahuilla Road Page 9 of 12 different methodology be approved for calculating density for an assisted living facility r" for this specific site. By approving the PDD the applicant would be permitted 30 beds. Without the PDD, 26 beds would be permitted. The PDD also incorporates existing legal, non-conforming setbacks as the defined, approved setbacks for the parcel. Z Staff believes the degree of relief sought by the applicant is minor. Other than Z reconfiguration of off-street parking to provide 5 additional spaces, there are no M substantive modifications proposed to the exterior of the existing structures or the landscaping, and no significant change in the use is being proposed. The applicant has proposed that the use itself, - that of an assisted living facility providing diagnosis and treatment of substance dependence and secondary diagnosis of mental health concerns - provides a substantial public service and benefit to the community. Furthermore, the applicant notes the "secondary economic effects" of the rn clients and their families using local restaurants, hotels, and other business establishments adds to the economic vitality of the City of Palm Springs. C REQUIRED FINDINGS: rn Ir Resort Combining Overlay Finding 0 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 TI land uses. Section 92.25.00 requires that all multiple family dwellings require the im approval of a conditional use permit (CUP). Approval of the CUP may only be made if the following finding is made: rn "...that the proposed use is compatible with its surroundings and that the Z 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, scale 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. Planned Development District Findings. Findings for a Planned Development District are the same as findings for the .... Conditional Use Permit. The process outlined in Section 94.02.00 of the Zoning Code n requires the Planning Commission and the City Council to make a number of findings for approval of the permit. The findings are listed below followed by an evaluation of the project by Staff against these findings. v � Planning Commission Staff Report April 27, 2011 Case 5.1249— PDD 358 Michael's House 430 Cahuilla Road Page 10 of 12 1) That the use applied for at the location set forth in the application is r properly one for which a conditional use permit is authorized by this Zoning Code. Z Pursuant to Section 92.03.01(A)(2),assisted living facilities are allowed with a Z Conditional Use Permit in the R-3 zone. The project therefore conforms to this finding. M 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. v The proposed use of this site for an assisted living facility is a residential type use which M 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 C with the surrounding existing neighborhood which is a mix of small hotels, restaurants M 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 r economically unfeasible to operate as a tourist hotel. The applicant has determined that Q an assisted living facility is an economically 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 M harmony with the general plan as noted in the following goals and policies from the Z 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." v 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. 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." n 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 Planning Commission Staff Report April 27, 2011 Case 5.1249-- PDD 358 Michael's House 430 Cahuilla Road Page 11 of 12 methodology of the zoning code. It does so by linking it to off-street parking capacity. r 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. Z Policy HS3.2: "Assist... in the development of emergency, transitional and Z permanent supportive housing, and the provision of supportive services..." M 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 M accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to C those existing or permitted future uses of land in the neighborhood. M The flat site is roughly 0.88 acres and contains existing structures that were built with r permits many years ago. Although some of the existing conditions do not conform to 0 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 K 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 M immediate vicinity. The number of dwelling units proposed is nine (9), and the number Z of patient beds is thirty (30). The design provides the required off-street parking. Therefore, Staff concludes that 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 reductions in Level of Service (LOS). Staff has therefore concluded that the site adequately relates to the circulation network of the City. n CONCLUSION: The proposed Planned Development District provides a means of establishing fixed rR 'Y Planning Commission Staff Report April 27, 2011 Case 5.1249—PDD 358 Michael's House 430 Cahuilla Road Page 12 of 12 .� density based on parking capacity for an assisted living facility / substance abuse r recovery center at this site. The PDD also establishes the existing non-conforming development standards as the new standards for the parcel. Furthermore, the PDD replaces the CUP as the mechanism for approving Assisted Living Facility / substance Z abuse recovery uses at this site. The project is in harmony with the General Plan and Z relates well to the surrounding neighborhood, roadway network and general development pattern for this area. The proposed use also represents a successful M adaptive reuse while preserving the small hotel character of the site and the neighborhood. The applicant has proposed a public benefit that Staff believes is proportionate to the development standard (density) relief sought via the PDD. Therefore Staff recommends approval of the application as both the preliminary and final PDD, subject to attached conditions of approval. O ENVIRONMENTAL DETERMINATION: M Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is C Categorically Exempt as a minor change to an existing structure pursuant to Section M 15301 of the CEQA Guidelines. r NOTIFICATION: 0 A notice was mailed to all property owners within a four hundred foot radius in accordance with state law. As of the writing of this staff report, staff received correspondence from the public which is attached to this report. M ve)� a mqviL rw� Z Ken Lyon C aig A. Wng, AICP Associate Planner Director of Planning Services Attachments: - 400' Radius Vicinity Map 0 - Draft Resolution and Conditions of Approval -- - Site Plan - Courtesy Notice and letter dated July 20, 2010 - Public Correspondence 0 RESOLUTION NO 6194 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE 5.1249 PDD 358, A PLANNED DEVELOPMENT DISTRICT APPLICATION SEEKING TO REVISE THE DEVELOPMENT STANDARDS AND THE METHOD FOR CALCULATING DENSITY FOR AN ASSISTED LIVING FACILITY ON A ROUGHLY 0.88 ACRE PARCEL AT 430 CAHUILLA ROAD; ZONE R-3 SECTION 15; 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 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, the Planning Commission 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. THE PLANNING COMMISSION 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. Planning Commission Resolution No. 6194 April 27, 2011 Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 2 of 4 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. 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 Planning Commission Resolution No, 6194 April 27, 2011 Case 5,1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 3 of 4 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 reductions in Level of Service (LOS). The Planning Commission 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." Planning Commission Resolution No. 6194 April 27, 2011 Case 5.1249 PDD 358 Assisted Living Facility at 430 South Cahuilla Road Page 4 of 4 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 Planning Commission 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 27th day of April 2011. AYES: 4, Donenfeld, Munger, Klatchko and Chair Caffery NOES: 2, Hudson and Conrad ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP Director of Planning Services Wo, State of California i I Department of Alcohol and Drug Programs License In accordance with applicable provisions of the Health and Safety Code of California and its rules and regulations, the Department of Alcohol and Drug Programs hereby licenses: PALM SPRING TREA-TI�IENT CENTER, LLC to operate and maintain an adult residential alcohol and/or drug abuse recovery or treatment faci&y:usin ' the following name and location: M/CHAEL'S HOUSE 430 SOUTH CAHUILLA ROAD PALM SPRINGS, ,CALIFORNIA 92262 This icense extends to:the following services: INDIVIDUAL SESSIONS, RECOVERY OR TREATMENT PLANNING; DETOXIFICATION; &ROUP SESSIONS, AND EDUCATIONAL SESSIONS I Limitatibn's brcon'tionsare listed;as follows: Treatment/Recoery Capaclty.;.30 Total Occupancy for location is limitetl,to: 30 MALES AND FEMALES License Number. I 330014BP Effective Date: 0910112010 ,,Expiration Date: 0813112012 r Authoriz d Representative Complaints regarding services provided in this facility should be directed to: Complaint Coordinator, Program Compliance Branch 1700 K Street, Sacramento, California 95811-4037 (877) 685-8333/(916) 322-2911 or FAX (916) 324-4505 E-mail: LCDcomV@adn.cn a.gov Post in a prominent location. This License is not transferable. I I STATE OF CALIFORNIA-HEALTH AND HUMAN SERVICES AGENCY ARNOLD SCHWARZENEGGER,Governor DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS 1700 K STREET SAGRAMENTO,GA 95811-4037 � TYY(TDD(800)735-2929 (916)322.2911 i December 'f, 2010 ` Ms. Krista Gilbert Executive Director Palm Springs Treatment Center, LLC I Michael's House 210 Westwood Place, Suite 120 Brentwood, California 37027 I Dear Ms. Gilbert: i TRANSMITTAL OF FACILITY LICENSE, FACILITY NUMBER: 330014BP This letter transmits a license issued by the Department of Alcohol and Drug Programs (ADP) to operate an alcoholism or drug abuse recovery or treatment facility, Michael's House, located at 430 South Cahuilla Road, Palm Springs, California 92262, The enclosed license will remain in effect from September 1, 2010, through August 31, 2012, in the absence of any administrative action taken by the Department. ! It is the responsibility of the provider to notify ADP of any cessation of services, sale or transfer of ownership affecting the provider or the facility, change of administration, change of location of the facility or change of mailing address. If you have any questions or concerns, please contact Jinnel Thomas, Licensing and Certification Analyst with the Field Operations Branch, at (916) 324-0837. i I Sincerely, lJVUr` takt DIANNE START, Supervisor Field Operations Branch Licensing and Certification Division Enclosure cc: Director, Riverside County Mental Health Program Manager, Riverside County Department of Mental Health, Substance Abuse Program Flex Do YOUR PART TO HELP CALIFORNIA SAVE ENERGY For energy saving tips,visit the Flex Your I'nwer website of YO ut r//���wv.l'vnnwer.o� °d r v • o — 'J'P'IONAL o 5AS<cTEALL 3 SOUP- EXISTING FA.N PA-W f O RE" AIN N SLAG= ❑ cn Jv 4 car. .$A• - r Y 3 T�• - 3` t :r .sP - N € JOLLE"3ALL n NEIN J�lALKN1.AY LA as s.na de,a va.•e a..a �n� �'' III�Ir a 3 rV0 LOPS T.. 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' NR: I Fb rn+zu�.aie -Prn�ia Pa 4n '-gPy �G a lnrpaon Gapes •rape S-Ge-. .ajO-�S iK�"-til�E[�� BC I S - - -?MP p. 36'Cam. FJ ID Eaerrw•aa aacpae •area Bu�vn• 5-Ga:. PL- oayod ve bvere Pei, Yaae�eu�3an ,+ Il "y!�oa uys a-um Cella>°ivb 3-Ga. !r ind - a I �•yl'a rye oa.euo Uee e-:Benexv 5 6a- - � b[6Ge� _- C rRliyl 5c L-- Nena 'ccmcn a.amr -P- g 5•za C 6 owe mt v,,.coyrc- Corpect fYl+na la-�a- _ �,+ `�' U F sonal Jae^no .te•J w -ira os TYPE=:CQ.1iRd Ti 'D.E�-Y P_ T n•.N'T=5 6� a ee r,ea P4n� tr� I c. ap, 7 N i).kS56QA_5.INC — ---3� " Ga. - M1GHAEL f-fOU�E 450'SOUTH GAHUILLA RGAD cRAPF+C s a,€ Ax PALM SPRIN65, GA COURTESY NOTICE OF PALM S A� ti u' c City of Palm Springs Department of Building & Safety Code Compliance 3200 F. Tahquitz Canyon Way, PO Box 2743, Palm Springs, CA 92263 Case Number: 2010 - 0678 Date of Issuance: July 20, 2010 To: Scott Ward, Director of Operations Michael's House 430 South Cahuilla Road Palm Springs CA 92262 Palm Springs Treatment Centers 210 Westwood PI 120 Brentwood TN 37027-7554 You are hereby notified that a Municipal Code violation defined as a Public Nuisance has been determined to exist on the property described below. You are specifically responsible to insure that this violation is corrected in compliance with this notice. Your failure to do so may result in the issuance of an Administrative Citation with fines of$100.00 per violation, with subsequent citations carrying fines of, $250.00 per violation and $500.00 per violation, respectively. If further action by the City is necessary in obtaining compliance with this Notice, you may be charged a fee equal to the actual costs incurred by the City, including, but not limited to, subsequent inspection costs, staff time, overhead and legal expenses, including attorney's fees. Current fees for City costs are as follows: General staff and inspection time @ $101.00/hour. City Attorney time @ $170.00/hour. I. The violations exist on the following property: Street Address: 430 South Cahuilla Road, Palm Springs, California Legal Description: LOT 7 BLK 17 MB 009/432 SD MAP OF PALM SPRINGS APN: 513-212-002 11. A description of the conditions/violations that were found on your property- listed below: Conditional Use Permit required, see attached letter dated June 24, 2010, from Assistant Planner Glenn Mlaker Property so maintained is in violation of the City Municipal code and constitutes a public nuisance. These conditions must be corrected by August 20, 2010, in the following manner: ➢ Obtain required Conditional Use Permit 41 III. The codes that pertain to the violations listed in Section I are: Palm Springs Municipal Code, PSMC, 11.72.080, Zoning Code Violations; PSMC 8.80 Vacant Buildings. As the owner of the property at issue or as the individual or entity responsible for the violation, you are individually responsible for correcting the violation. If you have any questions, you can reach me at (760)322-8364 x8758. If I am not in, please leave a detailed message and I will return your call. You may E-mail me at: Nadine.Fiegeropalmspringsca.gov Thank you in advance for your compliance. Na d i.ne/r. FW-ger Code Compliance Officer v' i City of Palm Springs u v Department of Planning Services * �CoRPQkPTEV 1QO� 3200 E. Tahquitz Canyon.Way • Palm Springs, California 92262 C,qt j Olt NVI Tel- (760) 32 3-b245 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov June 24, 2010 Michael's House Scott Ward Director of Operations 430 S_ Cah_uiHa Road Palm Springs, CA 92262 RE: Business License Request Dear Mr. Ward, The Planning Department is in receipt of a business license application for an addiction treatment center at the above address. On August 29, 2006, a letter from the Director of Planning Services was issued stating that the facility is considered as a "group facility" with no medical care offered. Recovery programs occurring on-site which offered non-medical activities would be permitted. The total number of beds at the group quarters would be no more than twenty-four (24). According to your business license application, Michael's. House wishes to increase the total number of beds from twenty-four (24) to thirty (30). In addition, medical treatment will be offered. Theses changes to the business operation will require a Conditional Use Permit (CUP). The CUP process will require a public hearing before the Planning Commission. I have attached the CUP application for you to submit with all required documents and plans. Please submit this application and a fee for $2,224 on or before July 15, 2010. If you have any questions, please contact me at (760) 323-8245. Sincerely, W—.0" Glenn Mlaker, AICP Assistant Planner cc: Code Enforcement Business License 42 i 5 - 1 24 HTCNO i TO: Palm Springs Planning Department FROM: Frank Tysen, Chair Historic Tennis Club Neighborhood Organization RE: CUP: Michael's House DATE: February S,2011 At the annual meeting of the Historic Tennis Club Neighborhood Organization held on February 7th,2011,the issue of Michael's House CUP was discussed. Neighbors reported problems with Michael's house in two areas: 1. When taking daily exercise,the clients walk shoulder-to-shoulder across Ramon,which is a busy street,and disrupt traffic. Counselors do not encourage them to walk in single file. 2. Neighbors have reported hostile and aggressive behavior from Michael's House clients while passing them on walking trips. Discussion ensued about the request to legalize via CUP the 30 beds above and beyond their permitted 24,which they installed without permit,the addition of providing medication to clients,which they have been doing without permit and also the addition of female clients. - It was moved,seconded and approved overwhelmingly to oppose the CUP for Michael's House. Historic Tennis Club Neighborhood Organization RECEIVED 611 S Palm Canyon Dr., Box No. 7220, Palm Springs, CA 92264 �.� i 0 2iii PLANNINGSENCES DEPARTMENT F- vIGEROY U I-{(:::)TEL / SPA / iESTAURANT W EXIS1TNCz f' I � - 16'14 M^s 3'-Y YILVD EENGE* NV Y 0 EXWr� YP 01@ PAVED DIaVE0l6 e'. e'er �� ——Im'BIDE YAIm eETeAc�c L!! N I � f *fw15 Nou16 PATIO rE) I [E T DEOC 0- tBS]RI O�EW �k= Of �1 1�®LIS.�IIR Y,IL / cl w NEVI< TOIOIRW era r [El (El [� �l rE) T i 7-OEDe f( "'� [ rT) OFF E 3 � A CFF zff ILN ® YTxLETeFLJ.cL4Rr I aa ) Igl E' ® [ QfICE '�- BEDe rE) !El LGVi^f I E) l Z sl Q W. PAID PAT O PAT PATIO ��TE (E) PATIO w Lu D, !E) I rE) E%UTRG MILDl EETBAM w rE) I I =NO I O ExIeTEas•4..•�•�••.,.vaA I N 20OL16 v- a (� � I a� �� i ❑ ❑ i �I C N Cf�cN= v � g Q V♦ a ` 1 Q zJ to Z J 3 V F Uw I to a LL[El EXI6TM LAlOeCAPIrii AREA E10eTNG v ulw GTY WALL� � . O I�i � 1 a W=ago � 11 (W X i fir, Exle K�e' ._.,av w.LL W a clmw FIDCM PLAN � v a 12 Ef W 12 e aesw Eour a' a z 13 -------------- RXIOTIM, ----- --------- --- --- --- E1tleTlYGT'LLEETA ------------------- � a • v_�.uGu � NEw 14 c Exleisr.a urr+av WYL P L 25 l ` PIi�PEKfT Lill� -— MELVYNS 4-IOTE L / RESTAURANT g E X I ST I NC3 NAMES CIOFFI ARCHCT SITE PLAN / FLOOR PLAN OF EXISTINC= P,AfR<1NC= OPEN SPACE 0,230 sQ. F=T- X 6 REVISION PROJECT D,4TA: PLOT DATE: PARKING: PER 54PJ2Z0 lb! 10-6-I0 SITE AREA 38,586 SQ.FT. !00% ZONE: R-3 INDEPENDENT LIVING FACILITY 3-19-11 ELD'G AREA a FOOTPRINT 8,230 SQ.FT. 213 % ZCNING USE:ASSISTED LIVING FAOIL:TY 30 BED5+S EMPLOYEES 3-i9-11 PARKING i DRJVES 5,582 50.FT- 143 % 30(05)•3. 18 SPACES SCP.L E: 1, OPEN SPACE 24,114 SQ FT. 64.2% TOTAL REQLLIRED IS SPACES - ID•_a• (S)NEU)SPACES PROJECT NO: 100% f1W EXISTING SPACES TOTAL PROVIDED 18 SPACES FILE: S H E E T A-1 44 q 11< 4' 1,v .tv'. B � ,ly�' q 6. �a.•lP ,2 �6' � �; r''v°p54W RA,�wo r P. Y r ii 4k I TOM � nj � e vP f� r x , .4 • r k � w �i i► r"N' rtN w �w� -,.. f Wit. s m 3 w IC �Ic 1 a j � fift .� 7771 . r qqq t, T A l• ♦M• .. Date: April 25, 2011 TO: Palm Springs Planning Commission FROM: Sheryl Hamlin RECEIVED 565 W. Santa Rosa Drive APR 26 2011 RE: 5.1249 PDD 358 CUP Michaels House PLANNING SERVICES 430 South Cahuilla DEPARTMENT The staff report for this project couches the entire application in terms of a six room addition, avoiding entirely the serious medical issues associated with this type of facility. The staff report focuses on parking, density, architecture, and trash pickup but includes nothing medical, even though Michaels House is essentially a medical treatment facility. R-1 Distance Not Maintained The staff report fails to note the requirement for Rl distance. On page three (3), the staff report says "Cahuilla is a local street' and later on page 3, the staff report mentions that across the street is R-1-A estate residential. In fact, the entire west side of Cahuilla from Baristo to Ramon consists of such R-1-A properties which continue west to the mountain. The staff reports omits the reference to assisted living facilities with respect to R-1 zones in the Palm Springs Municipal Codes: 92,07.01 Uses permitted Assisted living facilities and convalescent homes, subject to the provisions of Section 94.02.00(H)(7); and provided,property on which such use is proposed is located one hundred fifty (150)feet from any R-1 zone district; Income Level Misleading On page four(4) of the staff report, the policy HS.1.6 is referenced: "provides for...housing affordable to households at different income levels". The commission should understand that Michaels House charges $24,000 per month, paid either by insurance companies or the client directly. At what point do we start planning for abundant high end housing? The reference to HS 1.6 does not reflect the spirit of the HS policy. Michaels House is a highly profitable business. This facility can easily gross $8 million or more. 49 With these rates, the city will be seeing more applications for such facilities within established Planning Corr nission Meeting 5.1249 PDD 358 CUP Date: 7// neighborhoods. Approving this CUP creates precedence and a wave of unintended consequences for the entire city. History On page five(5), the staff report indicates that the facility was "recognized for many years as a `group home'..."but the staff report does NOT mention that services changed when the new owners bought the facility and also started the facility on Indian Canyon and the outpatient facility in The Courtyard. CEO Krista Gilbert was repeatedly asked about the changes in medical modalities at the April 25`}'Historic Tennis Club Neighborhood Organization(HTCNO) board meeting. She did not provide an answer. However, a staff member of the Planning Department stated when I visited the Planning Desk to read the application that the CUP was driven by three factors: 1) six additional rooms, 2) providing of prescription drugs and 3) addition of women. Although Ms. Gilbert said there would be no women clients, the staff report does not say that maintaining an all male facility is planned. She did not provide information about the change in medical modalities which was specifically asked of her multiple times. The Michaels House website indicates the following about serious medical disorders: httj2://www.michaelshouse.col-n/dual-dia,,nosis/co-occurring-disorders.html • 56%of individuals with a bipolar disorder, (Manic depressive illness) abuse substances • 47%of individuals with a schizophrenic disorder, abuse substances • 32%of individuals with a mood disorder other than bipolar, abuse substances • 27% of individuals with an anxiety disorder, abuse substances When asked if she felt.it was good policy to let a van of individuals with the above disorders out accompanied only by a counselor, she indicated that the less dangerous clients would be allowed out after being upgraded from Level 1 (serious and restricted to inside the property) to Level 2 (less serious with outside privileges). This upgrade does not appear to be performed by a medical practitioner because as Ms. Gilbert stated, they are not allowed to hire medical practitioners,by definition. The staff report does not mention different levels of clients nor security required by client level. Ms. Gilbert stated that there will be no detox at the Cahuilla Street facility,but is this written in the staff report as a permanent condition of approval? 5 t) 5.1249 PDD 358 CUP Page 2 of 4 Irresponsible Economic Statement about_Small Hotels On page ten (10), the staff report makes an amazing claim: "...Often the limited number of rooms in small aging hotels makes them economically unfeasible to operate as a tourist hotel..." Has the Planning Department forgotten The Willows (8 rooms of elegance), The Villa Rosa(6 rooms), The Old Ranch Inn(8 rooms), The Cala Lilly(9 rooms), Andalusian Court(7 rooms), Coyote Inn(7 rooms) and the Alexander Inn(5 rooms). I am sure there are more small inns than those mentioned above which are a major contributor to the charm of Palm Springs and to the TOT. Is the Planning Department advocating that small hotels be converted into rehab facilities? Neighbors Aware of Michaels House Clients At the annual meeting of the HTCNO in February 2011, this CUP was discussed. There were anecdotes of small hordes of men walking arm in arm across the street rather than in single file displaying hostile and/or unnerving behavior toward other walkers. The neighbors at the west end of Ramon were particularly concerned about the behavior. A motion was put forth and approved overwhelmingly to oppose the CUP. The letter is attached to the staff report. According to the CEO, changes were put into effect 2-3 weeks ago about the behavior of the clients on walks presumably in response to the February 2011 HTCNO letter; however a neighbor attending the April 25`1'HTCNO board meeting reported a recent and unpleasant citing of a small group of men from Michaels House. If Michaels House cannot effect changes in public walking, then how do they plan to maintain a secure facility with Level 1 clients restricted to the property? Notice potentially Improper At least three residents within the sphere of notification reported not receiving the notice of the CUP. When was the first notice mailed and to whom? Was a second notice sent for the April 27`h hearing? Planning Report Conclusion Flawed The Planning Department staff report concludes that because of density and the number of beds, Michaels House is "in harmony with the General Plan and relates well to the surrounding neighborhood" (page 10). 51 5.1249 PDD 358 CUP Page 3 of 4 On page five (5), the staff report says that for many years the facility was recognized as a `group home'... From Wikipedia, a `group home' is defined as: A group home is a private residence designed or converted to serve as a non-secure home for unrelated persons who share a common characteristic. In the United States, the term most often refers to homes designed for those in need of social assistance, and who are usually deemed incapable of living alone or without proper supervision. Prior to the 1970s, this function was served by institutions, asylums, poorhouses, and orphanages. Society has changed drastically since the original `group home' was established on the Michaels House property. Chemical dependencies are most likely associated with serious mental diseases requiring prescription medicine and medical care. Does it make sense for 30 young, adult males, potentially desirous of alcohol,heroin, cocaine, meth or sex to be bottled up in a low security former group home and/or let out with a `counselor' for a stroll through a residential neighborhood? The Cahuilla street `group home' has become an expensive drug and alcohol rehab center under its new Tennessee owners. Recommendation The staff report should immediately be revised to outline in detail the differences in services with the new owners versus the previous `group home' owners and the difference in services between the Cahuilla facility and the two other Michaels House facilities in Palm Springs. Note, too,that this study should also include the proposed facility in South Palm Springs. Based on this study, conditions about security and client profiles should be established and codified into city policy. This CUP is much more than a simple zoning issue, as the staff report suggests. If this type of facility is to be a growth industry for the valley, there are many other issues to be considered than that in the staff report. Fj 5.1249 PDD 358 CUP Page 4 of 4 April, 20-11 To: City of Palm Springs RE: Support of Michaels House Services located at 430 South Cahuilla Rd, Palm Springs CA 92262 Dear City of Palm Springs, I am a concerned citizen and a firm supporter of the treatment program provided by Michael's House at their 430 South Cahuilla Road location. During the 20+years that Michael's House has been operating its program at this location, it has always been a cooperative and collaborative neighbor that has been extremely responsive to any concerns regarding our community needs. Their demonstrated commitment to helping individuals who have co-occurring disorders has brought positive attention, tourism, and clear benefit to our immediate community. My signature below speaks of my support for their services. I encourage the City of Palm Springs to join me in supporting this longstanding community institution. Signature: Printed Name: Address: C,� IZL6 2 r J April, 2011 To: City of Palm Springs RE: Support of Michaels House Services located at 430 South Cahuilla Rd, Palm Springs CA 92262 Dear City of Palm Springs, I am a concerned citizen and a firm supporter of the treatment program provided by Michael's House at their 430 South Cahuilla Road location. During the 20+years that Michael's House has been operating its program at this location, it has always been a cooperative and collaborative neighbor that has been extremely responsive to any concerns regarding our community needs. Their demonstrated commitment to helping individuals who have co-occurring disorders has brought positive attention, tourism, and clear benefit to our immediate community. My signature below speaks of my support for their services. I encourage the City of Palm Springs to join me in supporting this longstanding community institution. Signature: Printed Name: Address: April, 2011 To: City of Palm Springs RE: Support of Michaels House Services located at 430 South Cahuilla Rd, Palm Springs CA 92262 Dear City of Palm Springs, I am a concerned citizen and a firm supporter of the treatment program provided by Michael's House at their 430 South Cahuilla Road location. During the 20+years that Michael's House has been operating its program at this location, it has always been a cooperative and collaborative neighbor that has been extremely responsive to any concerns regarding our community needs. Their demonstrated commitment to helping individuals who have co-occurring disorders has brought positive attention, tourism, and clear benefit to our immediate community. My signature below speaks of my support for their services. I encourage the City of Palm Springs to join me in supporting this longstanding community institution. Signature: Printed Name: l� 1-f Address: L U P y�-A L j.. J April, 2011 To: City of Palm Springs RE: Support of Michaels House Services located at 430 South Cahuilla Rd, Palm Springs CA 92262 Dear City of Palm Springs, I am a concerned citizen and a firm supporter of the treatment program provided by Michael's House at their 430 South Cahuilla Road location. During the 20+years that Michael's House has been operating its program at this location, it has always been a cooperative and collaborative neighbor that has been extremely responsive to any concerns regarding our community needs. Their demonstrated commitment to helping individuals who have co-occurring disorders has brought positive attention, tourism, and clear benefit to our immediate community. My signature below speaks of my support for their services. I encourage the City of Palm Springs to join me in supporting this longstanding community institution. Signature: - D LI Printed Name: OH b-55MA&D Address: S. SOA)k)5 James Harlan, Architect 432 S Monte Vista Drive Palm Springs, CA 92262 April 26, 2011 City of Palm Springs Planning Commission Attn: Ken Lyon I would like to voice a concern regarding Michaels House and their request to expand by use of a CUP ( case#5.1249.) My home is located approximately 150 feet west of the Michaels House facility on Cahuilla Road. In the previous months, I have been in contact with Krista Gilbert (CEO of Micheals House) to alleviate the amount of noise created by the patients living at the Cahuilla Road facility. After several discussions between myself and Krista,two policy changes were implemented to help diminish noise. I am requesting that these changes be required as conditions of the approval for the CUP. The changes are as follows: 0 Patients are to exit and enter via the Belardo Road entry gate as opposed to the Cahuilla Road entry ate. (Belardo Road fronts commercial parking lots—Cahuilla Road fronts single family homes.) 0 Eliminate any group activity in the western patio of the facility. (The ping-pong table and the contentious ping-pang matches were moved away from the single family homes.) While my desire is to have Micheals House relocate to a different location, both measures have helped to reduce the amount of noise emitted from the facility. James R Harlan F r O I r.: I .M. F���, ;�. ��, 1 �' v .� M ..l ,� ' �1� �, '� �'�' , � � � ..1 ,, r. ,.,�;, ,, "" .��.,...;^'gin.i p.pw. � �� -, �. tii �'- �� , , . . .. , ;, £; .i i sp";�•h F ��.'�l 7a SrY�'..�'el'4. ,.s.. �y, ^ � d 4 dvi .~. op y wig" rcR 1 C _.�e° .,.. .fix' •� + r r: � J 1 " �� � ��tlM ww �y wrMrw� �rnw ��rrrwrr - NkL CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION {OtM3 O �tiFe.X,P City Council Meeting Date: May 18, 2011 Subject: Michael's House -- Case 5.1249 PDD 358 —430 S Cahuilla Road AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on May 7, 2011. I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on May 4, 2011. I declare under penalty of perjury that the foregoing is true and correct. ILA Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF MAILING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on May 3, 2011, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (51 notices) declare under penalty of perjury that the foregoing is true and correct. \L"aha Kathie Hart, CMC Chief Deputy City Clerk The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California BE: County of Riverside Advertiser: No 154E - -� CITY OF PALM SPRINGS/IL NOTICE OF PUBLIC HEARINGEGALS Cm W'COUNCIL PO BOX 2743 SPRINGS CASE 5.1249 PLANNED DEVELOPMENT DIS- PALM SPRINGS CA 922632 TRCAPPLICATION ICTT583PLANNED DE VLOPMENT DIS- TRICT HOUSE', AN ASSISTED LIVING FACILITY AT 430 SOUTH CAHUILLA ROAD NOTICE IS HER BY GIVEN that ffre Crty Council oofI gthh1-e City of Pad,Springs,Cel9or 1 will holtl e 2000261034 C' hearm9 tar la m b In at 6- IC 1E,2011.The Ity Councl me , Ins at p.m. in the Counci harNhedat ily�all,3200 East fahquirt Canyon Wa Pa The purpose of this hearing is to consider a re- quest for a Planned Development District(PDD) for an assisted living fool'py use at an existing fa- cility locatetl at 430 Boom Cahullla Road Zone R- I am over the age of 18 years old, a citizen of the United 3,:Section 15,APN 513-212-002. The PbD seeks minor adjushnerl6 in 8e development standards States and not a party to, or have interest in this matter. I scludinggaa�eelrrhhativemeanrforcakculatingden- hereby certify that the attached advertisement appeared 'ty for Mngfacisiss. in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: x Newspaper: .The Desert Sun y P 5/7/2011 LE CI OFPg MSPRINGS Lilp: e. am � n I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly In the City ENVIRONMENTAL DETERMINATION: This roj- of Palm Springs, County of Riverside, State of California. of the Cal is ifornia Enxempt vironmental under the a�ry�A�ct The Desert Sun was adjudicated a newspaper of general (CEOA) as a Class 1 (Section 15301 exisfing circulation on March 24, 1988 by the Superior Court of the structures)exemption. Countyof Riverside, State of California Case NO. REVIEW OF PROJECT INFORMATION:The staff .report andoth reede�oporting documents regarding GN 191236. Hall behvean th9 ha1rs W Bable rOPO a m.fiC rto review a a.m. and 2 m.to 9 00 P.M.Monday III Thurs- tlay. Please wr me Office 0 thert,'ry Clerk at I declare under penalty of perjury that the foregoing is true (M).323-82041it you would like to schedule an appointment to rpm"mesa documens. and correct. Executed on this 7th day of May, 2011 in COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the public Palm Springs,California. hearing and/or in writing before the hearing-Wm- ten comments May be made to the City Council by letter(for mail:04 hand delivery)to: 9200E T®hgt Pz bCarrlrvryryoCril WaY Palm Springs,CA92262 Any challenge pf me proposed project in court -o may be limited b raising only those Issues raised at a public ring described in this notce,or in D nY1C�ig re written�ortesp ndence delivered to the City Clerk / et.or pdon,to me ppublic hearing.(Government 1,i o- Code Semiun6§009(0)(2)). -'►.g C Z LU An opportunity B be given at said hearing all ILL J O J ` (, interested Pere to ba heats.Ouesfione rJ6 fV TV YI.,�•\\ ere Planners nni nr SerntacaseDeparnlmeA rnorat a >. ,//J 7so)323 8245. cc I, 'n F- Si necesila ayyulia don sate carte, or favor]lame O -cc Z U a la Ciudad tle Palm Springs y pueds hablar con Nadine Relier talefond (760) 323- �- Q i� 8245. h- G _ N James Thompson,City Ckvk Publiehed:5(7111 ';fir , g060 REPSMR PETE MORUZZI '1510ALITON ase 5,1249 PD�58 MODCOM ANCF, ,',' . Michael's House HISTORIC SITE'RAP-O-D PALM SPRINGS MODERN COMMITTEE PFI fo ,G Meeting on` P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS CASE 5.1249 PD 358 UEillr �g1 '. �' v ATTN SECRETARYE5.1SERVICSEPRTME D249APD 3 8 NT 506 W.OANNA CATALChNA EMANS ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92263-2743 MS MARGARET PARK s 11 �, a11AHIIA AGUA CALIENTE BAND OF CAHUILLA , ..�I " INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS,CA 92264 SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON&BARNHOUSE, ATTN:JOSEPH ONTIVEROS LLP " ATTN: RICHARD C.WADE, PARALEGAL 114T I��S CULTURAL RESOURCES MANAGER 7424 4T"STREET NW P.O. BOX 487 LOS RANCHOS DE ALBUQU ERQUE, NM SAN JACINTO, CA 92581 87107 MR RICHARD RODGERS MR SCOTT WARD SPONSORS PALM SPRINGS TREATMENT MICHAEL'S HOUSE CENTERS, LLC 2095 N. INDIAN CANYON DRIVE 210 BRENTWOOD PLACE, SUITE 120 PALM SPRINGS, CA 92262 BRENTWOOD,TN 37027 JAMES CIOFFI ARCHITECT ATTN: DEBBIE CIOFFI 2121 E.TAHQUITZ CANYON WAY,#3 PALM SPRINGS, CA 92262 `� OWNERSHIP LIST 513-182-018 1 513-182-019 2 513-193-007 3 ROBERT&VIO SCHLESINGER ROBERT SALGADO PAMELA MOFFITT GREEN 380 S PABI, R � 373 S MONTE VISTA DR 421 W SANTA ROSA DR PALMSI' NGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 .513-193-008&037 4-5 513-193-009 6 513-193-034 7 JERRY STERGIOS RONALD&REBECCA IAMELE THOMAS&CAROLYN TUCKER 3500 SPRING HILL RD 420 W PATENCIO LN 5701 SUNMIST DR PETALl1MA CA 94952 PALM SPRINGS CA 92262 YORBA LINDA CA 92886 513-193-036 8 513-193-038 9 513-201-006 10 JW NEVINS INC MD KATRINA HEINRICH STEINBERG MARY SUE REYNOLDS PO BOX 1826 PO BOX 1845 81157 PORTOLA CIR PALM SPRINGS CA 92263 RANCI-IU MIRAGE CA 92270 INDIO CA 92201 513-201-007 11 513-201-008&009 12-13 513-201-010 14 DANIEL&GEORGETTE DZWILEWSKI JAMES&MARJORIE BARROW WILLIAM SLEY WOODS 5575 LADYBIRD LN PO BOX 7129 372 S M. IE VISTA DR. LA JOLLA CA 92037 MENLO PARK CA 94026 PAL PR.INGS CA 92262 513-201-011 15 ?K 513-202-012 16 513-203-006 17 KERRY S.EA CLOUGIILINp ("l CASA REAL ESTATE LT PTNSIIP LWSC PO BOX 14 0 +� 415 S BELARDO RD 4221 WILSHIRE BLVD#430 SAN F CISCO CA 94114 PALM SPRINGS CA 92262 LOS ANGELES CA 90010 513-203-007 18-19 513-203-012 20 513-203-016 21 513-213-001 513— NORTE INV SAN GATIANO CO ALLES ENTERPRISES DE 1 ORTE N 7130 MAGNOLIA AVE#N 350 S BELARDO RD 4641 F,R CITY CA 90232 RIVERSIDE CA 92504 PALM SPRINGS CA 92262 513-211-001 22 513-211-002 23 5XCILLA 24 DEMAR GROUP MICHAEL&ERIKA MARINI 45632 CAN NUYS##305 1506 PRISCILLA LN 1WAY#431 SHERMAN OAKS CA 91401 NEWPORT BEACH CA 92660 PS CA 92262 513-211-004&007 25-26 513-211-008 •� 27 513-211-009 28 KENNI,sTH&JEANVITE KNOTI' DAMES H AN I BARBARA PROCTOR 59926 COMSTOCK W) 844 MI UOD AVE� 424 S MONTE VISTA DR OVE OR 97824 VE E CA 90291 PALM SPRINGS CA 92262 i13-211-011 29 513-211-012 30 513-211-013 31 )AVID& DEENA BRAND GEORGE VANCE. JAMES SU.RLOCK I I 1 I N FLORES ST#3 PO BOX 389 3824 E HIGHLAND DR N I4OLLYWOOD CA 90069 RANCHO MIRAGE CA 92270 SEATTLE WA 98112 i 13-212-002 32 513-212-003 33 513-213-005 34 'ALM SPRINGS TREATMENT CF,N'T'F,RS MELVYN HABER JPMORGAN Cl IASE BANK NA !10 WEST"WOOD PL#120 200 W RAMON RD 270 PARK AVE 3RENTWOOD TN 37027 PALM SPRINGS CA. 92264 NEW YOR.K.NY 10017 09[8/0%g®fJOAV 09AL algiledwoo ww L9 x ww gZ lewaol op auanbq 09 L8/091g®tiaAv gilts alglledwoa«8/g Z x„1 ozls loge) so 513-213-007,013,&015 35-37 513-213-012 38 513-213-014 39 DILLER ASSOC DILLER ASSOC HMS-PALM SPRINGS PO BOX 5009 831 38 ROUTE 10#286 300 S PALM CANYON DR BELLEVUE WA 98009 WHIPPANY NJ 07981 PALM SPRINGS CA 92262 513-270-005 40 513-270-006 41 513-280-010 42 KENNETH LCON pp DIANE JESSUP USA 513 584 S FE CANYON DR 1" 599 S FERN CANYON DR BUREAU OF INDIAN AFFAIR.US DEP PAL PRINGS CA 92264 PALM SPRINGS CA 92264 PO BOX 2245 PALM SPRINGS CA 92263 LAMES CIOFFI ARHCHITECT ATTN: DEBBIE CIOFFI 2121 E TAHQUITZ CANYON WAY,#3 PALM SPRINGS CA 92262 513-201-010 513-201-011 WILLIAM WESLEY WOODS KERRY SEAN MC LOUGHLIN RETURNED MAIL 8147 KEATS AVENUE P.O. BOX 1670 YUCCA VALEY, CA 92284 PALM SPRINGS,CA 92263 513-211-008 513-270-005 JAMES HARLAN KENNETH FALCON 432 S.MONTE VISTA DRIVE 1075 WEST BOULEVARD PALM SPRINGS,CA 92262 LOS ANGELES,CA 90019 PALM SA - �- City of Palm Springs v Office of the City Clerk ' 3200 E. Tahquitz Canyon Way • Palm Springs,CA 92262 * 0" 1110 Tel: (760)323-8204 • Fax: (760) 322-8332 • TDD: (760)864-9527 • Web: www.palmspritigsca.gov 'QL/FC7►RN�� May 3, 2011 Ms. Claudia Salgado Bureau of Indian Affairs Fax To: Belinda Ray P. O. Box 2245 (760) 416-2687 Palm Springs, CA 92263 RE: City Council Meeting — May 18, 2011 Public Hearing Notice—Case 5.1249 PDD 358 Michael's House —430 S Chauilla Raod Dear Ms. Salgado: The City Council will be conducting a public hearing at 6:00 p.m. on May 18, 2011, to consider an application to consider a request for a Planned Development District for an assisted living facility located at 430 S Cahuilla Road. I have enclosed copies of the notice for distribution and your file; however, please advise if additional notices are required. The allotment numbers and corresponding APN within 400 feet of the subject property are as follows: APN Allotment Number 513-280-010 5B 513-280-005 10B Thank you for your continuous assistance and support. Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, V.1.� $ Kathie Hart, CMC Chief Deputy City Clerk /kdh Encl: Public Hearing Notices (5 copies) Prestamped Envelopes 933 Post Office Box 2743 0 Palm Springs, California 92263-2743 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358 A PLANNED DEVELOPMENT DISTRICT APPLICATION FOR "MICHAEL'S HOUSE", AN ASSISTED LIVING FACILITY AT 430 SOUTH CAHUILLA ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 18, 2011. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider a request for a Planned Development District (PDD) for an assisted living facility use at an existing facility located at 430 South Cahuilla Road, Zone R-3, Section 15, APN 513-212-002. The PDD seeks minor adjustments in the development standards including an alternative means for calculating density for assisted living facilities. ENVIRONMENTAL DETERMINATION: This project is Categorically Exempt under the Guidelines of the California Environmental Quality Act (CEQA) as a Class 1 (Section 15301 existing structures) exemption. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. to 11:00 a.m. and 2 p.m. to 6:00 p.m. Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the public hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to- James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Ken Lyon, Associate Planner, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, por favor (lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. ames Thompson, City Clerk a Ug".0" N Department of Planning Services "'Vicinity Map ............ 1................._... ....................... -- ..............................r..........................._ �- ..._..._..__ .m..... .......... ......�.�,. SANTA R©SA D r "" .......... ...... 3. .. .... A to LN / ......................... _ _... .__._..f......__....................................... ................................._.....� .----......................... __. ......... _. _ T RAlvit T1 RD.._..........._J 1 t Legend 400 Foot Buffer SITE Parcels CITY OF PALM SPRINGS CASE NO.: 5.1249 PDD 358 DESCRIPTION: A request by Palm Springs Treatment Centers, LLC for a Planned APPLICANT: Palm Springs Treat- Development District for an assisted living facility ment Centers, LLC on an approximate 0.88-acre parcel at 430 South "Michael's House" Cahuilla Road; Zone R-3, Section 15. APN 513- 212-002