HomeMy WebLinkAbout11/5/2008 - STAFF REPORTS - 1.A. ueofol�x4x4V-
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J CITY COUNCIL STAFF REPORT z
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DATE: November 5, 2008 PUBLIC HEARING v
SUBJECT: CASE 5.1193, PDD 354; AN APPLICATION BY MICHAEL CARTWRIGHT
OF PALM SPRINGS TREATMENT CENTERS FOR A PLANNED
DEVELOPMENT DISTRICT FOR AN ASSISTED LIVING FACILITY AT
168 VIA ESCUELA ROAD, SECTION 3, TOWNSHIP 4, RANGE 4 0
FROM: David H. Ready, City Manager m
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BY: Department of Planning Services m
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SUMMARY 0
The City Council will consider a Planned Development District in lieu of a Zone Change
for the development of a 28-bed assisted living facility at 168 Via Escuela Road. The
Planning Commission reviewed and approved the preliminary and final PDD on m
September 10, 2008 subject to conditions of approval and voted to recommend
approval of the PDD by City Council subject to conditions of approval. z
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RECOMMENDATION:
1. Open the public hearing and receive public testimony, O
2. Introduce for first reading Ordinance No. "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING (/)
CASE 5.1193, PDD 354, A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A
CHANGE OF ZONE FOR A 28-BED ASSISTED LIVING FACILITY AT 168 VIA
ESCUELA ROAD ;U
PRIOR ACTIONS: 0
On November 9, 2005, the Planning Commission approved Case 5,1066 CUP for an
assisted living facility at 2095 North Indian Canyon Drive. The required off-street
ITEM NO.
City Council Staff Report November 5,2008
Case:5.1193 PDD 354 Page 2 of 8
parking for that facility was provided by the construction of a parking lot on the site
associated with this project at 168 Via Escuela (across the street).
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On April 7, 2008 the Architectural Advisory Committee reviewed Case 5.1193 and voted a
6-0-1 (Cioffi abstaining) to recommend approval of the project to the Planning
Commission. Z
On September 10, 2008, the Planning Commission reviewed Case 5.1066 AMND, Z
which clarified the off-street parking related to 2095 Indian Canyon Drive and this site Ill
and voted to approve the amendment, subject to conditions of approval. 0
On September 10, 2008, the Planning Commission reviewed the subject application
and voted to approve the Preliminary and Final Planned Development District and to
recommend [hat the City Council approve the Preliminary Planned Development,
subject to the attached conditions of approval. 0
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PROJECT DESCRIPTION C
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The application is comprised of an assisted living center/substance abuse recovery r
center use in a newly constructed facility at 168 Via Escuela and a Planned
Development District (PDD) to establish unique development standards for the parcel at 0
168 Via Escuela.
The subject parcel is approximately 40,056 gross square feet, or 38,867 net square feet
in size. It is essentially flat, sloping gently upward from southeast to northwest. Roughly
three-quarters of the site is currently developed with a parking lot that serves the m
existing assisted living facility south of this site at 2095 North Indian Canyon Drive. The Z
remaining western part of the site is undeveloped.
Project Design
The project is composed of a courtyard style building surrounding a landscaped
courtyard with a swimming pool and terraces. The building is two stories tall on the
north and south wings and one story with second level terraces and balconies at the O
east and west wings. The first floor is 15,332 square feet and the second floor is 9,343 —
square feet. The north wing contains the fourteen sleeping rooms for clients which are
arranged with two beds per room. Program spaces, offices, seminar rooms, an exercise
room, laundry, break room and other program support spaces are located around the
other three sides of the courtyard on the first and second floor. The site is provided with X
off-street bay parking along Zanjero Road and Via Escuela. The remaining site area is _
composed of landscape areas including an enclosed garden of lavender and rosemary. 0
The landscaping utilizes drought tolerant plant materials, with a variety of palm trees, —I
Museum Palo Verde, citrus, cypress, olive and ironwood trees. The trees provide
required shade for the bay parking spaces. A variety of desert hardy shrubs, vines,
cacti, and ground covers in a naturalized landscape design surround the building. Staff
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City Council Staff Report November 5,2008
Case:5,1103 PDD 354 Page 3 of 8
believes the site is well designed and provides a functional and attractive response to
both natural and built environmental conditions at the site.
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Building Composition Architecture and Landscaping a
The proposed building makes use of both traditional and contemporary detailing. The
exteriors are smooth face stucco with deep-set openings that shield the windows from Z
direct sun. At the first floor, covered outdoor passages or loggias, open to the Z
courtyard, connect the meeting rooms, a covered outdoor common area, and seven
sleeping rooms. Covered outdoor passages on the second floor connect offices, a Ill
large deck and seven sleeping rooms that overlook the courtyard.
Wood timber trellis structures on hefty square stucco columns add detail and texture to
the exterior of the building. Retaining walls along the western and northern sides of the
building allow the building to be built slightly into the slope of the site, thereby reducing
the overall visual height of the building on those two sides. These retaining walls also 0
enclose the outdoor garden area immediately west of the building noted above. m
The project proposes a mechanical screen designed with a sloped surface covered in C
two-piece clay arched tiles to create the impression of a gabled or hip roof, complete m
with exposed rafter tails. Staff believes the proposed screen is a good aesthetic r
solution to conceal the rooftop units and recommends approval of the increased height.
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STAFF ANALYSIS:
General Plan:
The project is located in the Medium Density Residential land use area, which permits m
densities between 6.1 and 15 dwelling units per gross acre. The proposed project has Z
a lot area of 38,867 square feet and a density of 14 dwelling units per acre and thus is
consistent with the General Plan.
The Planning Commission Staff Report includes evaluation of the project against
various policies of the General Plan that Staff believes demonstrate that the project is
also in harmony with the General Plan. 0
Zoning:
The project application includes a Planned Development District. The Planning
Commission has recommended the Planned Development District as a PDD in lieu of a "I
Change of Zone pursuant to PSZO Section 94.07.00 as follows: X
Where a request for a zone change appears valid for the specific uses
proposed by an applicant and for only those uses, the planning
commission may recommend and the council may approve a planned —I
development district in lieu of a change of zone, subject to the filing of an
application pursuant to Section 94,03.00, subject to compliance by the
applicant with all of the commitments made in the presentation of his
City Council Staff Report November 5,2008
Case:5.1193 PDD 354 Page 4 of 8
request and such other conditions as the commission and council may
deem appropriate to assure the type of development proposed and the
protection of the health, safety and general welfare in the neighborhood r
within which the development is proposed. A planned development a
district in lieu of a zone change, shall be approved and adopted by
ordinance of the city council. Z
The PDD in lieu of a Change of Zone proposes to establish a unique set of Z
development standards as highlighted in the following table. Ill
TABLE 2 - Comparison of development regulations & proposed conditions 0
R-2 Standards Proposed Standards
Lot Area Minimum 20,000 sf 38,867 square feet—
complies
Lot Width 140 feet (siding on a 143 feet - complies 0
local/collector ) m
Lot Depth 175 feet (fronting a major 266 feet— complies C
thoroughfare)
Density Multiply 1 unit/3,OOO sf of lot area 28 beds in 14 rooms — M
or 12 units x 1.381 = 16 beds does not comply L.
Building Height 24 feet (2 -Story) 35 feet at east elevation
including mechanical 0
enclosures2 — complies
Set Back Front yard 30 feet (fronting a major 30 feet— complies
thoroughfare)
Street Side Yard 20 feet on sides facing a local or 24 feet facing local street m
collector. complies
Interior setback side Interior side: 24 feet; (equal to 10 feet facing abutting Z
yard height when abutting residential residential zone (does
zone 3) not comply)
Rear Yard Set Back 10 Feet or equal to bldg height if 29 feet— complies.
abutting residential zone 28 feet
Bldg. Separation at 30 Feet 45 feet— complies 0
courtyards Interior Court Yard
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The number of beds permitted In a facility shall be determined by multiplying the number of units
permitted under the applicable zoning/general plan standards by the average household size for the city
of Palm Springs according to the latest census figures. The 2000 census Indicated the average
household size in Palm Springs was 1.38 persons. (PSZO 94.02.00(H)(7)(a)) 0
7 Roof structures, above the height limits of the zone, may be permitted with Planning Commission
approval for screening rooftop mechanical equipment. (PSZO 93 03.00(A)(1))
3 Each lot shall have a side yard on each side of not less than ten (10) feet, except as otherwise
provided; any portion of a structure in excess of twelve (12) feet in height shall have a minimum setback
equal to its height if abutting any residential property (PSZO 92.04.03 (E)(3)(a))
City council Staff Report November 5,2008
Case.5.119$Poo$54 Page 5 of 8
R-2 Standards _ -Proposed Standards
Parking 0.5 space/bed + 1/every 3 staff or 25 provided - complies r
17 spaces + 8 spaces provided a
for parking for 2095 N.Indian Cyn.
= 25 spaces at this site. Z
Height of wall 6 feet side yard 6 feet - complies Z
Lot Coverage 30% maximum on sites with 40% - does not comply
structure over 18 feet in height m
Open/usable 40% Approx. 48% - complies
landscape/recreation
al Space
Among the unique standards established by the proposed PDD in lieu of a Change of
Zone that distinguish it from the underlying R-2 zone are the number of beds, interior
side yard setback, and lot coverage. Staff has evaluated the unique development m
standards proposed by the PDD and provided recommendations as follows. C
Density- Bed Count., Ill
Bed count for such facilities is a provision of the Conditional Use Permit (PSZO Section r
94.02.00(H)(7) and while currently calculated at 16 beds, this number may fluctuate
based on household population changes in the City. The proposed fixed 28-bed count O
allows a consistent occupancy configuration of not more than two beds per room. As a
development standard of the PDD, a fixed bed count of 28 beds is proposed that more
closely relates to quantity of off-street parking spaces provided. The overall
patient/staff occupancy proposed in the PDD also more closely relates to the capacities m
and quantity of common programmatic spaces (lecture rooms, seminar areas, etc.)
proposed on the site. Staff believes this is a more logical and controlled method of Z
linking patient count to the proposed facility and should reduce the possibility of over-
crowding or potential parking shortages at this facility in the future. Furthermore, since
the facility proposes 14 rooms, it maintains its consistency with the allowable density of
15 dwelling units per acre of the General Plan Medium Density Residential land use
area.
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Side Yard Setback..
The R-2 development standards would require a 24-foot side yard setback. The project ea
proposes 10 feet. However, the outside space created in the courtyard area and
landscape garden west of the building provide usable, functional enhancements that
support the intended use at the site. The centralized open spaces are more usable ;0
than a wider side yard area would offer. Despite a slightly smaller side yard, there is _
actually more open space provided on the project (48%) than the 40% required by the 0
underlying zone. Staff believes the PDD affords higher quality outdoor space for
programming purposes within the facility than a wider side yard would provide.
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City Council Staff Report November 5,2008
Case:5.119$PDD 354 Page 6 of 8
Lot Coverage: `0
The Zoning Code limits lot coverage to 30% for the R-2 zone. The project proposes lot r
coverage of 40%. Assisted living facility use is primarily focused on interior lectures, a
group and individual counseling sessions. The landscaped courtyard and west side
garden provide an enhanced usable outdoor space that reasonably offsets the greater Z
lot coverage proposed. The proposed development is also consistent with existing Z
development pattern in the neighborhood in terms of setbacks on the street frontages.
Therefore Staff believes the 10% difference in lot coverage proposed for the PDD is M
reasonable given the proposed use and existing development patterns nearby. 0
Off-street Parking, Loading, Trash and Recycling.
Twenty-five off-street parking spaces are provided in the form of bay parking along Via
Escuela and Zanjero Road. These bay parking spaces will utilize decorative paving
and the design proposes trees to provide the required shaded parking pursuant to the O
Zoning Ordinance. The parking quantity conforms to the requirements for the use and M
also provides for eight parking spaces that are dedicated to meet the off-street parking C
requirements of the existing facility immediately south of this site at 2095 North Indian
Canyon Drive. m
Loading and trash/recycling is handled at the northwest corner of the site off Zanjero r
Road, thereby minimizing any potential traffic impacts on the busier street frontages of Q
Via Escuela and Indian Canyon Drive. A standard masonry enclosure with lockable
gates will be provided at that location. Commercial uses require a dedicated loading
dock pursuant the PSZO, however staff believes the nature of the proposed use
generates very limited loading and unloading activity, and those that do occur, can
adequately be handled from a temporary use of an off-street parking space. m
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Additional analysis is provided in the attached Planning Commission Staff report.
FINDINGS:
The findings for the Planned Development District are outlined in 94.03.00 and are O
reflected in Section 94.02.00 (Conditional Use Permit). The complete set of required —
findings and Staffs evaluation of the project against these findings is outlined in detail in
the accompanying draft resolution and Planning Commission Staff Report. Staff's
evaluation therein concluded that the project conforms to the required findings.
FINDINGS OF PUBLIC BENEFIT: 0
This project was approved by the Planning Commission prior to the Council's adoption --�
of the policy, "Planned Development Districts and Public Benefits" (adopted September
17, 2008). Consequently, the Commission did not analyze the application with regard
to this issue. Staff does not recommend requiring a public benefit from this project due
City Council Staff Report November 5,2008
Case:5.1103 PO❑354 Page 7 of 8
to its advanced degree in the review process. However, the Council at its option may
review the project in light of the new policy and staff has provided a framework for a
"public benefits" analysis. (If the Council chooses not to review this project for public r
benefits, no further discussion is needed.) a
One of the primary factors in the public benefits policy is "proportionality", which is Z
stated in the policy, as follows: Z
The public benefit shall be proportional to the nature, type and extent of Ill
the flexibility granted from the standards and provisions of the Palm
Springs Zoning Code.
As noted above, the project involves three deviations from the Zoning Code: bed count,
side yard setback, and lot coverage. Bed count represents a form of "density" and may
be considered the most significant deviation from the Code. The project proposes 28
beds; 12 more than the 16 beds calculated within the standards of the Zoning m
Ordinance. However, the overall size of the project is relatively small, and another C
measure of density— the number of rooms or dwelling units — is less than the maximum
allowable density of the General Plan. Consequently, the extent of the density m
deviation is in staffs view small to moderate. The other deviations — setback and lot r
coverage are relatively minor in their impact.
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If the Council requires any public benefit from this project, staff recommends that it be
evaluated as a relatively low contribution. The Council may consider among the
approved set of options (see attached policy):
• The project as Public Benefit m
• The quality of the design features of the Project Z
• Sustainable Features
• Off-site Improvements
Staff would incorporate any Council actions into the proposed resolution of approval.
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CONCLUSION: —
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The proposed project is consistent with the General Plan, conforms to the findings for a
Conditional Use Permit, and establishes a PDD in lieu of a change of zone with
development standards and uses that are consistent with the findings for a PDD. Staff
therefore recommends approval of Case 5.1193, PDD 354 subject to the conditions of
approval set forth in exhibit A. 0
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City Council Staff Report November 5,2008
Case:5.1103 POD 354 Page 8 of 8
ENVIRONMENTAL ANALYSIS:
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Pursuant to Section 15332 of the CEQA guidelines, the project is considered a Class 32 a
in-fill development meeting the conditions for categorical exemption because the project
is consistent with the applicable policies of the general plan and zoning designation, the Z
project is less than five acres, the project is not considered a habitat for endangered, Z
rare or threatened species, approval of the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality, and the site can be served Ill
by all utilities. 0
eig�I ing, Appqomas Wilson, Assistant City Manager
Director of Plan ng rvices Development Services v
—FICI-David H. Lady, City Manager m
Attachments:
1. Vicinity Map Q
2. Draft Ordinance and Conditions of Approval
3. Policy on Public Benefit
4. Planning Commission Minutes Summary dated 9-10-08
5. Planning Commission Staff report & resolution dated 9-10-08
6. Site Plans & Elevations m
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CITY OF PALM SPRINGS
CASE NO: 5.1193 - CUP PD 354 DESCRIPTION: A proposed new development for an
Assisted Living Facility for drug and substance abuse
APPLICANT. Michael Cartwright recovery at 168 Via Escuela, Zone R-2 Section 3/4/4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA AMENDING THE ZONING
MAP BY APPROVING CASE 5.1193 PDD 354 A
PLANNED DEVELOPMENT DISTRICT IN LIEU OF
A CHANGE OF ZONE FOR THE PROPERTY
LOCATED AT 168 VIA ESCUELA ROAD, ZONE R-
3, SECTION 3.
WHEREAS, The applicant Michael Cartwright of Palm Springs Treatment
Centers, Inc, has filed an application for a Planned Development District for an
approximately 0.85-acre parcel at 168 Via Escuela Road, Section 3, APN: 504-
270-016; and
WHEREAS, the Planned Development Application proposes certain deviations in
the development standards including a fixed density of 28-beds in 14 rooms
rather than the underlying calculation of density for assisted living facilities which
is based on the number of beds times the average household size from the last
census, and
WHEREAS, on September 10, 2008 a public hearing notice of the Planning
Commission to consider Case 5.1193 PDD 354, was published in accordance
with applicable law; and
WHEREAS, on September 10, 2008 a public hearing to consider Case 5.1193
PD354, a request for an Assisted Living Facility use and a Planned Development
District, was held by the Planning Commission in accordance with applicable law;
and
WHEREAS, at said hearing the Planning Commission considered the information
provided, including all written and oral testimony and voted 6-0-1 to approve the
Preliminary and Final Planned Development District in lieu of a Change of Zone
and recommended approval of the PDD by the City Council, and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1193 PDD 354 was given in accordance with
applicable law; and
WHEREAS, on November 5, 2008, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and,
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it
is effective; and
Ordinance No.
October 4,2006
Page 2 of 4
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case 5.1193 PDD 354, and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider said Ordinance adopting Planned Development District 354
in lieu of a Change of Zone to allow a 28-bed, 14-room assisted living facility use
on the parcel located at 168 Via Escuela Road, was held by the City Council in
accordance with applicable law; and
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the City Council finds that the Pursuant to the
California Environmental Quality Act (CEQA) Guidelines, the
project is Categorically Exempt as an infill development project per
Section 15332 (Infill Development Projects).
SECTION 2: Pursuant to Section 94.07.00 the criteria for granting a Change of
Zone, the City Council finds:
a. That the proposed Change of Zone is in conformity with the General Plan
Map.
The existing general plan designation of the subject property is
(MDR), which allows for medium density residential development
(6.1 to 15.0 dwelling units per acre). The proposed planned
development district proposes a 28-bed assisted living facility with
14 rooms which is consistent with the General Plan; the PDD in lieu
of a change of zone will be in conformity with the General Plan
Map.
b. That the subject property is suitable for the uses permitted in the proposed
zone, in terms of access, size of parcel, relationship to similar or related
uses.
The property is surrounded by existing residential development.
Access to the site is provided from Via Escuela Road and Zanjero
Road. The size of the parcel is approximately 0.85 acres and
accommodates the proposed development including all off street
parking as well as parking for an adjacent and similar use to the
south.
c. That the proposed Change of Zone is necessary and proper at this time,
and is not likely to be detrimental to the adjacent properties or residents.
Ordinance No.
October 4,2006
Page 3 of 4
The proposed PDD in lieu of a change of zone provides for a 28-
bed assisted living facility that is within the maximum density for the
land use on which it is located. The facility will provide an
alternative form of housing to address substance abuse recovery.
There are similar uses to the south of this parcel and the overall
development pattern of the site is similar to other existing
development in the area. Therefore, the proposed PDD will not be
detrimental to the adjacent properties or residents.
SECTION 3. Pursuant to California Law, an ordinance was prepared for two
readings before Council for the approval of the PDD in lieu of a
change of zone and a thirty-day waiting period before it is effective
allowing the approval of Planned Development District 354.
SECTION 4. The City Council adopts an ordinance to allow the PDD in lieu of a
change of zone in conjunction with Case 5.1193 PDD 354.
SECTION 5. Effective Date: This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 6. Publication: The City Clerk is hereby ordered to and directed to
certify to the passage of this Ordinance, and to cause the same or
summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED this 17th day of December, 2008.
MAYOR
ATTEST:
City Clerk
¶ 2
Ordinance No.
October 4,2006
Page 4 of 4
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 Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
and 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
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RESOLUTION NO.
EXHIBIT A
Case 5.1193 CUP PD 354
168 Via Escuela
November 5, 2008
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 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. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations_
ADM 2. 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 5.1193 CUP PD 354. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against
the City of Palm Springs and the applicant will either undertake defense of the
matter and pay the City's associated legal costs or will advance funds to pay
for defense of the matter by the City Attorney. If the City of Palm Springs fails
to promptly notify the applicant of any such claim, action or proceeding or fails
to cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
Case 5.1193 CUP PD 354 Page 2 of 17
Conditions of Approval
ADM 3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
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 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of
an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the
total building permit valuation as calculated pursuant to the valuation table in
the Uniform Building Code, the fee being 1/2% for commercial projects or
1/4% for residential projects with first $100,000 of total building permit
valuation for individual single-family units exempt. Should the public art be
located on the project site, said location shall be reviewed and approved by
the Director of Planning and Zoning and the Public Arts Commission, and the
property owner shall enter into a recorded agreement to maintain the art work
and protect the public rights of access and viewing.
ADM 5. The developer shall dedicate land or pay a fee in lieu of a dedication, at the
option of the City. The in-lieu fee shall be computed pursuant to Ordinance
No. 1632, Section IV, by multiplying the area of park to be dedicated by the
fair market value of the land being developed plus the cost to acquire and
improve the property plus the fair share contribution, less any credit give by
the City, as may be reasonably determined by the City based upon the
formula contained in Ordinance No. 1632. In accordance with the Ordinance,
the following areas or features shall not be eligible for private park credit: golf
courses, yards, court areas, setbacks, development edges, slopes hillside
areas (unless the area includes a public trail) landscaped development
entries, meandering streams, land held as open space for wildlife habitat,
flood retention facilities and circulation improvements such as bicycle, hiking
and equestrian trails (unless such systems are directly linked to the City's
community-wide system and shown on the City's master plan).
CULTURAL RESOURCES
ADM 6. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards
and Guidelines, shall be employed to survey the area for the presence of
cultural resources identifiable on the ground surface.
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Case 5.1193 CUP PU 354 Page 3 of 17
Conditions of Approval
ADM 7. Given that portions of the project area are within an alluvial formation, the
possibility of buried resources is increased. A Native American Monitor shall
be present during all ground-disturbing activities.
a. Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and, if
necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente
Cultural Resource Coordinator For approval.
b. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection.
ADM 9. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning and Zoning prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
ADM 10. An exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning & Zoning prior to the issuance of building
permits. Manufacturer's cut sheets of all exterior lighting on the building and in
the landscaping shall be submitted for approval prior to issuance of a building
permit. If lights are proposed to be mounted on buildings, down-lights shall be
utilized. No lighting of the hillside is permitted.
PLANNING CONDITIONS
PLN 1. The Conditional Use Permit approval shall be valid for a period of two (2) years.
Once constructed, the conditional use permit, provide all conditions of approval
have been complied with, does not have a time limit. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
as
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Conditions of Approval
PLN 2. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
PLN 3. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50
of the Municipal Code for specific requirements.
PLN 4. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
PLN 5. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the
Planning Commission prior to issuance of building permits.
PLN 6. All materials on the flat portions of the roof shall be a reflective color for
reduction of heat transmittance through the roof surface.
PLN 7. All awnings shall be maintained and periodically cleaned.
PLN S. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
PLN 9. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 9302.00.D.
PLN 10.The street address numbering/lettering shall not exceed eight inches in height.
PLN 11-Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title
25 of the California Administrative Code. Compliance shall be demonstrated to
the satisfaction of the Director of Building and Safety.
PLN 12. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
PLN 13. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
PLN 14.No outside storage of any kind shall be permitted except as approved as a part
of the proposed plan.
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Conditions of Approval
PLN 15.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 16. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely
screened and located in the interior of the building. Electrical transformers
must be located toward the interior of the project maintaining a sufficient
distance from the frontage(s) of the project. Said transformer(s) must be
adequately and decoratively screened_
PLN IT Within 60 days of approval of this application, provide proof of recordation with
the County of Riverside Recorders Office of a permanent easement and deed
restriction to ensure 8 off-street parking spaces are provided at 168 Via
Escuela for the Assisted Living Facility/Substance Abuse Facility use at 2095
North Indian Canyon Drive
POLICE DEPARTMENT
POL 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ACCESSIBILITY
ADA 1. To comply with CBC 112913.3 the unloading access aisle for single disabled
parking spaces shall be on the passenger side of the vehicle. The plan
currently shows one of the access aisles on the driver's side. The plan will
need to be revised to indicate code compliance for both disabled parking
spaces.
ADA 2. The plan will need to indicate the application of truncated domes in the level
areas contiguous to the disabled parking access aisles in order to comply with
CBC 1133B .8.5 for detectable warnings at hazardous vehicular areas.
ADA 3. To comply with CBC 111113.3 regarding recreational facilities, the swimming
pool shall provide access for people with disabilities including wheelchair
users. This will require the provision of a pool entry device (a pool lift).
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Conditions of Approval
ADA 4. The ADA Accessible sleeping room and bathroom (including roll-shower)
along with all the other common area facilities comply with CBC requirements
in terms of floor space and location of fixtures.
ENGINEERING CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with
City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed
to the satisfaction of the City Engineer.
STREETS
ENG 1. Engineering Division recommends deferral of off-site improvement items
identified by "Deferred"at this time due to lack of full improvements in the
immediate area. The owner shall execute a street improvement covenant
agreeing to construct all required street improvements upon the request of
the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be submitted with the Grading Plan, and
shall be executed prior to approval of the Grading Plan or issuance of
grading or building permits. A covenant preparation fee in effect at the
time that the covenant is submitted shall be paid by the applicant prior to
issuance of any grading or building permits.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits. "Deferred"
ENG 3. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ENG 4. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the
City Engineer prior to issuance of any building permits.
VIA ESCUELA
ENG 5. Remove the existing driveway approaches along the Via Escuela frontage
and construct new street improvements in accordance with applicable City
standards.
ENG 6. Construct the east half of a 6 feet wide cross gutter to match the existing
cross gutter and a 25 feet radius curb return and spandrel at the northeast
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Conditions of Approval
corner of the intersection of Zanjero Road and Via Escuela with a flow line
parallel with and located 20 feet north of the centerline of Via Escuela in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 7. Construct a driveway approach to accommodate bay parking stalls along
the Via Escuela frontage in accordance with City of Palm Springs
Standard Drawing No. 201. Bay parking stalls shall be located completely
on-site, behind sidewalk, and not within public right-of-way.
ENG 8. Construct a Type A curb ramp meeting current California State
Accessibility standards at the northeast corner of the intersection of
Zanjero Road and Via Escuela in accordance with City of Palm Springs
Standard Drawing No. 212.
ENG 9. All broken or off grade street improvements shall be repaired or replaced.
INDIAN CANYON DRIVE
ENG 10. Remove existing Curb and gutter located 32 feet west of centerline and
construct a 8 inch curb and gutter, 38 feet west of centerline along the
entire frontage, with a 35 feet radius curb return and spandrel at the
northwest corner of the intersection of Indian Canyon Drive and Via
Escuela in accordance with City of Palm Springs Standard Drawing No.
200 and 206. "Deferred"
ENG 11. Construct a Type A Curb ramp meeting current California State
Accessibility standards at the northwest corner of the intersection of Indian
Canyon Drive and Via Escuela in accordance with City of Palm Springs
Standard Drawing No. 212. "Deferred"
ENG 12. Construct the north half of a 6 feet wide cross gutter at the northwest
corner of the intersection of Indian Canyon Drive and Via Escuela with a
flow line parallel with and located 38 feet west of the centerline of Indian
Canyon Drive in accordance with City of Palm Springs Standard Drawing
No. 200 and 206. "Deferred"
ENG 13. Construct a 8 feet wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
"Deferred"
ENG 14. Construct a 14-feet wide raised, landscaped median island as specified by
the City Engineer across the entire frontage. "Deferred"
ENG 15. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal,
Casc 5.1193 CUP Po 354 Page 8 of 17
Conditions of Approval
from edge of proposed gutter to clean sawcut edge of pavement along the
entire Indian Canyon Drive frontage in accordance with City of Palm
Springs Standard Drawing No. 110. Additional pavement removal and
replacement may be required upon review of existing pavement cross-
sections, and to ensure grade breaks of the pavement cross-section do
not occur within a travel lane. "Deferred"
ENG 16. Remove the existing driveway approach and replace with new street
improvements to match existing in accordance with applicable City
standards.
ENG 17. All broken or off grade street improvements shall be repaired or replaced.
ZANJERO ROAD
ENG 18. Acquire an additional right-of-way of 20 feet across that certain 33 feet
wide parcel of land identified as a Whitewater Mutual Water Company
easement adjacent to the property as necessary to provide an ultimate
right-of-way of 50 feet for Zanjero Road.
ENG 19. Construct a roll curb located 16 feet east of centerline along the entire
frontage, in accordance with applicable City standards.
ENG 20. Construct a 4 feet wide sidewalk behind the roll curb and adjacent to the
bay parking stalls in accordance with City of Palm Springs Standard
Drawing No. 210.
ENG 21. Construct pavement with a minimum pavement section of 2'/2 inches
asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or
equal, from edge of proposed gutter to clean sawcut edge of pavement
along the entire Zanjero Road frontage in accordance with City of Palm
Springs Standard Drawing No. 110.
ENG 22. Coordinate with Whitewater Mutual Water Company to determine
relocation requirements for the existing water lines and other facilities
located within that certain 33 feet wide parcel of land identified as a
Whitewater Mutual Water Company easement adjacent to the property
and to be dedicated to the City for Zanjero Road right-of-way. The
applicant shall be required to make appropriate arrangements to protect in
place or relocate the existing Whitewater Mutual Water Company facilities
that are affected by the development. A letter of approval from
Whitewater Mutual Water Company for relocated or adjusted water lines
and other facilities shown on the street improvement plans shall be
submitted to the Engineering Division prior to issuance of any permits.
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Conditions of Approval
SANITARY SEWER
ENG 23. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
GRADING
ENG 24. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Division for review and approval. The Precise
Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or
its grading contractor and submitted to the Engineering Division for
review and approval. The applicant and/or its grading contractor shall
be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella
Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source
such that the applicable performance standards are met. The
applicant's or its contractor's Fugitive Dust Control Plan shall be
prepared by staff that has completed the South Coast Air Quality
Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion
from AQMD for staff that has completed the required training. For
information on attending a Fugitive Dust Control Class and information
on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact AQMD at (909) 396-3752,
or at httr)://www.AQMD.go . A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan;
a copy of current Title Report; a copy of Soils Report.
ENG 25. Prior to approval of a Grading Plan, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. The applicant shall contact the Tribal Historic Preservation
Officer or the Tribal Archaeologist at (760) 699-6800, to determine their
Case 5.1193 CUP PD 354 Page 10 of 17
Conditions of Approval
requirements, if any, associated with grading or other construction. The
applicant is advised to contact the Tribal Historic Preservation Officer or
Tribal Archaeologist as early as possible. If required, it is the responsibility
of the applicant to coordinate scheduling of Tribal monitors during grading
or other construction, and to arrange payment of any required fees
associated with Tribal monitoring.
ENG 26. In accordance with an approved PM-10 Dust Control Plan, perimeter
Fencing shall be installed. Fencing shall have screening that is tan in color;
green screening will not be allowed. Perimeter fencing shall be installed
after issuance of Grading Permit, and immediately prior to commencement
of grading operations.
ENG 27. Perimeter fence screening shall be appropriately maintained, as required
by the City Engineer. Cuts (vents) made into the perimeter fence
screening shall not be allowed. Perimeter fencing shall be adequately
anchored into the ground to resist wind loading.
ENG 28. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
areas on-site shall be permanently stabilized, in accordance with Palm
Springs Municipal Code Section 8.50.022. Fallowing stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the
City Engineer.
ENG 29, Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
gutters.
ENG 30. A Geotechnical/Soils Report prepared by a California registered
Geotechnical Engineer shall be required for and incorporated as an
integral part of the grading plan for the proposed development. A copy of
the Geotechnical/Soils Report shall be submitted to the Engineering
Division with the first submittal of a grading plan.
ENG 31. In cooperation with the Riverside County Agricultural Commissioner and
the California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
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Conditions oP Approval
DRAINAGE
ENG 32. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to Zanjero Road, Via Escuela or Indian Canyon Drive.
Provisions for the interception of nuisance water from entering adjacent
public streets from the project site shall be provided through the use of a
minor storm drain system that collects and conveys nuisance water to
landscape or parkway areas, and in only a stormwater runoff condition,
pass runoff directly to the streets through parkway or under sidewalk
drains.
ENG 33. This project will be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as park of the NPDES Permit
issued for the Whitewater River Region from the Colorado River Basin
Regional Water Quality Control Board (RWQCB). The applicant is
advised that installation of BMP's, including mechanical or other means for
pre-treating stormwater runoff, will be required by regulations imposed by
the RWQCB. It shall be the applicant's responsibility to design and install
appropriate BMP's, in accordance with the NPDES Permit, that effectively
intercept and pre-treat stormwater runoff from the project site, prior to
release to the City's municipal separate storm sewer system ("MS4"), to
the satisfaction of the City Engineer and the RWQCB. Such measures
shall be designed and installed on-site; and provisions for perpetual
maintenance of the measures shall be provided to the satisfaction of the
City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
ENG 34. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $6511.00 per acre per
Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
ON-SITE
ENG 35. For on-site bay parking in residential and commercial zones, paving
material shall be decorative paving, colored and/or patterned to relate to
the overall design in accordance with Zoning Code 93.06.00.C.15.e.
GENERAL
ENG 36. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall
be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115. The developer shall be responsible for
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Conditions of Approval
removing, grinding, paving and/or overlaying existing asphalt concrete
pavement of off-site streets as required by and at the discretion of the City
Engineer, including additional pavement repairs to pavement repairs made
by utility companies for utilities installed for the benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt
concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay
of the affected off-site streets, at the discretion of the City Engineer. The
pavement condition of the existing off-site streets shall be returned to a
condition equal to or better than existed prior to construction of the
proposed development.
ENG 37. All proposed utility lines shall be installed underground.
ENG 38. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts
or less and overhead service drop conductors, and all gas, telephone,
television cable service, and similar service wires or lines, which are on-
site, abutting, and/or transecting, shall be installed underground unless
specific restrictions are shown in General Orders 96 and 128 of the
California Public Utilities Commission, and service requirements published
by the utilities. The existing overhead utilities extending across the
property meet the requirement to be installed underground. Utility
undergrounding shall extend to the nearest off-site power pole; no new
power poles shall be installed unless otherwise approved by the City
Engineer. A letter from the owners of the affected utilities shall be
submitted to the Engineering Division prior to approval of a grading plan,
informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When available, the utility undergrounding plan
shall be submitted to the Engineering Division identifying all above ground
facilities in the area of the project to be undergrounded. Undergrounding
of existing overhead utility lines shall be completed prior to issuance of a
certificate of occupancy.
ENG 39. All existing utilities shall be shown on the improvement plans required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 40. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting
of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation
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Conditions of Approval
of the type and format of the digital data to be submitted to the City may
be authorized, upon prior approval of the City Engineer.
ENG 41. The original improvement plans prepared for the proposed development
and approved by the City Engineer shall be documented with record
drawing "as-built" information and returned to the Engineering Division
prior to issuance of a final certificate of occupancy. Any modifications or
changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
ENG 42. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning
Code Section 93.02,00, D.
ENG 43. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No.
904.
TRAFFIC
ENG 44. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development.
ENG 45, All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the proposed
development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
ENG 46. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and
barricading shall be in accordance with Part 6 "Temporary Traffic Control'
of the California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated September 26, 2006, or subsequent editions in force at
the time of construction.
ENG 47. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan received by
� i1
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Conditions of Approval
Planning Services and dated 3/2112008. Additional requirements may be
required at that time based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2007 California Fire Code.
Four complete sets of plans for private fire service mains, fire alarm, or fire
sprinkler systems must be submitted at time of the building plan submittal.
FID 3. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all weather driving surface and support a minimum weight of 73,000
lbs.
FID 4. Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have a
clear width of at least 15 feet and be equipped with a frangible chain and
padlock during construction.
FID 5. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads
shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to
within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility. Access is required on the
north side of the project to meet this condition.
FID 6. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location. The key box shall be of an approved type and shall contain keys to
gain necessary access as required by the fire code official.
FID 8. Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box installations
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Conditions of Approval
shall be 5 feet above grade. Location and installation of Knox key boxes must
be approved by the fire code official.
FID 9. Location of Knox boxes: A Knox box shall be installed at every locked gate.
Boxes shall be mounted at 5 feet above grade. Show location of boxes on
plan elevation views. Show requirement in plan notes.
FID 10. Operational Fire Hydrant(s) (CFC 608.1, 508.5.1 & 1412.1): Operational fire
hydrant(s) shall be installed within 250 feet of all combustible construction.
They shall be installed and made serviceable prior to and during construction.
No landscape planting, walls, or fencing is permitted within 3 feet of fire
hydrants, except ground cover plantings.
FID 11. Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is
required and shall include underground private fire main for fire sprinkler
riser(s), public fire hydrant(s), Double Check Detector Assembly, Fire
Department Connection and associated valves_
FID 12. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 2,000 GPM based on the
estimated 19,277 S.F. Type VB construction with the installation of fire
sprinklers based on Appendix B of the 2007 CFC.
FID 13. Identification (CFC 510.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID 14. NFPA 13R sprinkler systems (903.3.1.2). Where allowed in buildings of
Group R, up to and including four stories in height, automatic sprinkler
systems shall be installed throughout in accordance with NFPA 13R.
FID 15. Balconies and decks (903.3.1.2.1). Sprinkler protection shall be provided for
exterior balconies, decks and ground floor patios of dwelling units where the
building is of-type V construction. Sidewall sprinklers that are used to protect
such areas shall be permitted to be located such that their deflectors are
within 1 inch (25 mm) to 6 inches (152 mm) below the structural members
and a maximum distance of 14 inches (356 mm) below the deck of the
exterior balconies and decks that are constructed of open wood joist
construction.
FID 16. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler
flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or
equal) shall be provided on the exterior of the building in an approved
location. An approved audible sprinkler flow alarm (Wheelock horn/strobe #
Case 5.1193 CUP PD 354 Page 16 of 17
Conditions of Approval
MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall
be provided in the interior of the building in a normally occupied location.
FID 17. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the fire
sprinkler system water supply, and all water-flow switches, shall be
electrically monitored. All control valves shall be locked in the open position.
Valve and water-flow alarm and trouble signals shall be distinctly different and
shall be automatically transmitted to an approved central station.
FID 18. Residential Smoke Alarms Installation With Fire Sprinklers (CFC
907.2.10.1.2, 907.2.10.2 & 907.2.10.3): Provide Residential Smoke Alarms
(FIREX # 0498 accessory module connected to multi-station FIREX smoke
alarms or equal per dwelling and fire sprinkler flow switch). Alarms shall
receive their primary power from the building wiring, and shall be equipped
with a battery backup. In new construction, alarms shall be interconnected so
that operation of any smoke alarm causes all smoke alarms within the
dwelling to sound.
FID 19. Fire Hydrant & FDC Location (CFC 9122): Fire department connections shall
be located on the front access side of buildings, fully visible and recognizable
from the street or nearest point of fire department vehicle access or as
otherwise approved by the fire code official. The location of fire department
connections shall be approved and installed as follows:
a. Within 50 feet of an approved roadway or driveway and arranged so that
hose lines can be readily attached to the inlets without interference from
any nearby objects including buildings, fences, posts, plantings, or other
fire department connections and or otherwise approved by the Fire Chief.
b. Within 30 feet of an approved hydrant. So that the inlet height shall not be
less than 18 inches or more than 48 inches above grade.
c_ Guard posts or other approved means may be required to protect fire
department inlet connections from vehicular damage.
d. Fire department connection shall not be allowed in the rear of any
building.
e. Fire department connections for NFPA 13R sprinkler systems shall be
determined by the fire code official.
FID 20. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2002 Edition.
FID 21. Portable Fire Extinguisher(CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
extinguishers shall be installed so that the top I not more than 5 feet above
the floor.
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Conditions of Approval
FID 22. Special Provisions for licensed Care Facilities in Group R-4 Facilities
Appendix Chapter 4:
FID 23. Fire-resistance-rated construction provisions:
FID 24. 425.5.1 Smoke barriers required. Group R-4 occupancies licensed as a
Residential Care Facility (RCF) with individual floor areas over 6000 square
feet (557 m2) per floor, shall be provided with smoke barriers, constructed in
accordance with Section 709.
FID 25. 425.5.2 Smoke partitions. In Group R-4 occupancies where smoke partitions
are required, framing shall be covered with noncombustible materials having
an approved thermal barrier with an index of not less than 15 in accordance
with FM 4880, UL 1040, NFPA 286 or UL1715.
FID 26. Fire alarm systems in Group R-4 occupancies An approved fire alarm system
shall be installed where required in Section 907,
FID 27. Smoke alarms in Group R-4 occupancies. Smoke alarms shall be installed
where required in Section 907.2.10
FID 28. Means of egress provisions: General: In addition to the general means of
egress requirements of Chapter 10, this section shall apply to Group R-4
occupancies.
FID 29. Group R-4 occupancies shall have a minimum of two exits.
END OF CONDITIONS
J
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CQL/FORti�P
City Council Policy Statement
Adopted September 17, 2008
PLANNED DEVELOPMENTS AND THE REQUIREMENT FOR PUBLIC BENEFITS
In order to provide for the long-term improvement of the community, every application for a
Planned Development District (PDD) and every amendment thereto — including all those
enacted in lieu of a change of zone — shall include a public benefit in accordance with the
provisions listed below.
1. The concept of a "public benefit" shall be a condition of granting zoning flexibility via
approval of a Planned Development District, and is consistent with the goals, policies and
objectives of the Palm Springs General Plan.
2. The public benefit of an approved PDD shall be specifically identified by the Planning
Commission and City Council within the record of approval (resolution or ordinance, as
applicable).
3. The public benefit shall be proportional to the nature, type and extent of the flexibility
granted from the standards and provisions of the Palm Springs Zoning Code.
4. A feature, improvement or dedication may only be considered as a public benefit when it
exceeds the level of improvement needed to mitigate a project's environmental impacts or
comply with dedication or exactions which are imposed on all projects, such as Quimby Act,
Public art, utility undergrounding, etc.
5. An approved public benefit shall be one of the following types:
a. The project as Public Benefit — The project fulfills key General Plan objectives for
land use (such as "mixed-use"), economic development, community beautification,
additional parking, improved circulation, blight removal or the like-
b. Key Features of the Proiect— The project includes features such as through-streets
not indicated on the General Plan, interior parks, community open space, community
meeting rooms, entry features, preservation of important buildings, preservation of
natural features, daycare facility or other similar amenities_
c. Sustainable Features — The project includes features which measurably aid
achievement of the City's sustainability goals, including water conservation, energy
conservation (e.g., LEED certified), active and passive solar features, California
Green Building techniques, and other sustainable features,
d. Off-site Improvements — The project includes off-site dedications and / or
improvements, such as widened thoroughfares with meandering bikeways, public
park lands, hiking trails, recreation facilities, construction of decorative medians, or
other public improvements located off the project site.
City of Palm Springs
Planning Commission Meeting
of September 10, 2008
M/S/C (Scott/Caffery, 6-0, 1 absent/Ringlein) To approve the amendment to the CUP
and approve the Administrative Minor Modification for off-street parking.
313. Case 5,1193 CUP / PD 354 (Palm Springs Treatment Center) - An
application by Michael T. Cartwright requesting a Conditional Use Permit
and Planned Development District 354 (PDD) to all,oW construction of an
assisted living/substance abuse recovery center located at 168 Via Escuela,
Zone R2, Section 3, APN: 504-270-016. (Project Planner: Ken Lyon,
Associate Planner)
Ken Lyon, Associate Planner, provided background information as°outlined in the staff
report dated September 10, 2008.
Commissioner Scott noted a correction on page 6,of the staff report, the 4th paragraph
should read, project has fourteen bedrooms'and'a total of 28 beds . . . '". Staff
concurred.
-James Cioffi, project architect, (responding to Commission.questions) provided details
on the entrance to the existing and new building,`.shared facilities, and the courtyard and
recreation space. Mr. Cioffi noted the architecture'consists of 2 piece roof tile, smooth
plaster, sun control grilles on.the side entries and tall windows. Mr. Cioffi stated that a
pedestrian crossing is 'nof"necessary since there is not much cross traffic on Via
Escuela-
Chair Hochanadel opened the,P.Ublic Hearing. There being no appearances, the Public
Hearing was clpsed,; .
Commissioner Scott cornplimen'1e4, the design team on well-thought out project.
M/S/C (Scott/.Vice Chair Cohen, 6-'0, 1 absent/Ringlein) To approve Case 5.1193 CUP
and PD 354, and recommend approval of PD 354 to the City Council, subject to the
Conditions of Approval.
PLANNING COMMISSION COMMENTS:
Commissioner Donenfeld suggested a joint meeting with the Historic Site Preservation
Board (RSPB) since both boards are concerned with historic preservation matters.
Discussion occurred on the merits of conducting such a meeting. Commissioner
Caffery recalled a previous meeting held with the HSPB and was not in favor of a joint
meeting with the RSPB. Commissioner Scott noted that the Secretary of Interior
Standards for historic structures is an important learning tool for the HSPB and for the
Planning Commission, as well. Mr. Ewing expressed concern with discussion of
4
322
OF ?ALM BAR r
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C111
� Planning Commission Staff Report z
Date: September 10, 2008 p
Case No.: 5.1193 — CUP, PD 354
Type: Planned Development District and Conditional Use Permit O
Location: 168 West Via Escuela M
APN: 504-270 016 C
M
Applicant: Michael T. Cartwright, Palm Springs Treatment Centers r
General Plan: Medium Density Residential (6.1-15du/acre) O
Zone: R-2 Section 3/4/4
From: Craig A. Ewing, AICP, Director of Planning Services m
Project Planner: Ken Lyon, Associate Planner Z
PROJECT DESCRIPTION:
The application is comprised of a Conditional Use Permit (CUP) to allow operation of an
assisted living center/substance abuse recovery center use in a newly constructed
facility at 168 Via Escuela and a Planned Development District (PDD) to establish (A
unique development standards for the parcel at 168 Via Escuela. The Planned
Development District application is seeking approval for both the preliminary and final
PDD.
RECOMMENDATION: n
That the Planning Commission:
1. Approves Case 5.1193 — CUP, a Conditional Use Permit to allow an assisted
living center/substance abuse recovery center use in a newly constructed facility
at 168 Via Escuela subject to the attached Conditions of Approval.
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L -v
Planning Commission Staff Report September 10, 2008
Case 5.1193--CUP Page 2 of 10
r
2. That the Planning Commission approves Planned Development District 354 as a
preliminary and final planned development district application, subject to the
attached Conditions of Approval and recommends its approval to the City Z
Council.
Z
PRIOR ACTIONS ITl
On November 9, 2005, the Planning Commission approved case 5.1066 CUP for an 0
assisted living facility at 2095 North Indian Canyon Drive. The required off-street
parking for that facility was provided by the construction of a parking lot on the site
associated with this project at 168 Via Escuela (across the street).
O
On April 7, 2008 the Architectural Advisory Committee reviewed the project and voted m
6-0-1 (Cioffi abstaining) to recommend approval of the project to the Planning
Commission. C
m
BACKGROUND AND SETTING:
r
The subject parcel is approximately 37,206 square Feet or roughly 0.85 acre in size. Its 0
dimensions are roughly 266 feet x 143 feet. It is essentially flat, sloping gently upward
from southeast to northwest. Roughly three-quarters of the site is currently developed
with a parking lot that serves the existing assisted living facility south of this site at 2095
North Indian Canyon Drive. The remaining western part of the site is undeveloped.
m
The surrounding properties' land use, Zone and General Plan are listed in Table 1 Z
below.
TABLE 1: Surrounding General Plan, Zo ing and land Uses
General Plan I Zone I Land Use
North Medium Density Residential R-2 I Vacant
South Tourist Resort Commercial R-3 Assisted LivingFacility
East Medium DensityResidential R-2 Multi-FamilyResidential --
West Mixed Use R-2 Commercial Retail & Nightclub cn
--I
ANALYSIS:
General Plan:
n
The General Plan designation for this site is Medium Density Residential (6.1 — 15
dwelling units per acre). The proposed development of an assisted living facility is
considered a residential use by the Palm Springs Zoning Ordinance. Densities for
assisted living facilities do not directly correlate in a simple way with the General Plan
because permitted densities for assisted living facilities are calculated based on the
Planning Commission Staff Report September 10, 2008
Case 5.1193—CUP Page 3 of 10
permitted density multiplied by the latest census figure for the average household size r
in Palm Springs times the net area of the site. Typical General Plan residential
densities are simply calculated in dwelling units per acre. The 2000 census estimates
the average household size to be 1.38 persons. This figure multiplied by the density Z
(3,000 square feet per dwelling unit which is equivalent to 15 dwelling units per acre) Z
yields a maximum density allowable of sixteen (16) beds. The project proposes
fourteen (14) beds and thus is consistent with the equivalent density desired for the M
MDR land use area. D
Zoning:
Description of Use:
The proposed facility would be used as a drug and substance abuse recovery center D
with patients (client) in treatment programs lasting anywhere from thirty (30) to ninety m
(90) days. A similar facility is owned and operated by the same applicant at the
property immediately south of this parcel (2095 North Indian Canyon Drive). Drug and C
substance abuse recovery centers are considered consistent with the definition m
"assisted living facilities" use in PSZO Section 91.00.10 (Definitions) which states:
r
"Assisted living facility" means a special combination of housing, 0
supportive services; personalized assistance and health care licensed and
designed to respond to the individual needs of those who need help with
activities of daily living and instrumental activities of daily living. Supportive
services are available twenty-four (24) hours a day to meet scheduled and
unscheduled needs in a way that promotes maximum dignity and m
independence for each resident and involves the resident's family, Z
neighbors and friends, and professional caretakers.
Pursuant to Section 92.03.01(A)(2), assisted living facilities are allowed with the
approval of a Conditional Use Permit in the R-2 zone. The existing assisted living facility
use to the south of this facility was granted a Conditional Use Permit in 2005.
D
Development Standards: _
The following table provides a comparison of the development standards for the R-2
zone compared to the parameters of the proposed development.
TABLE 2 - Comparison of development regulations & proposed conditions
R-2 Required/Allowed Proposed n
Lot Area Minimum 20,000 sf 37,206 square feet
complies
Lot Width 140 Feet (siding on a 143 feet - complies
local/collector
Planning Commission Staff Report September 10, 2008
Case 5.1193—CUP Page 4 of 10
R-2 Required/Allowed Proposed r
Lot Depth 175 feet (fronting a major 266 feet— complies
thoroughfare)
Density Multiply 1 unit/3,000 sf of lot area 28 beds in 14 rooms — Z
or 12 units x 1.381 = 16 beds complies Z
Building Height 24 feet (2 -Story) 35 feet at east elevation
including mechanical M
enclosures — complies 0
Set Back Front yard 30 feet (fronting a major 30 feet— complies
thoroughfare)
Street Side Yard 20 feet on sides facing a local or 24 feet facing local street
collector. com lies v
Interior setback side Interior side: ten feet or equal to 10 feet facing abutting
yard height if abutting residential zone3 residential zone (does m
or 28 feet not comp) C
Rear Yard Set Back 10 Feet or equal to bldg height if 29 feet— complies-
abutting residential zone 28 feet Ill
Bldg. Separation at 30 Feet 45 feet— complies courtyards Interior Court Yard
Parking 0.5 space/bed + 1/every 3 staff or 25 provided - complies O
17 spaces + 8 spaces provided
for parking for 2095 N.Indian Gyn.
= 25 spaces at this site-
Height of wall 6 feet side yard 6 feet - complies m
Lot Coverage 30% maximum on sites with 40% - does not comply
structure over 18 feet in height Z
Open/usable 40% Approx. 48% - complies
landscape/recreation
al Space
The project complies with the development standards for the R-2 zone except for
interior side yard setbacks and lot coverage. Staff believes the deviations in the
development standards proposed by the PDD are reasonable because the outside
space created in the courtyard area and landscape garden west of the building are V7
more usable functional enhancements to the site than open space in a side yard area
The number of beds permitted in a facility shall be determined by multiplying the number of units
permitted under the applicable zoning/general plan standards by the average household size for the city
of Palm Springs according to the latest census figures. The 2000 census indicated the average 0
household size in Palm Springs was 1.38 persons. (PSZO 94.02.00(H)(7)(2))
2 Roof structures, above the height limits of the zone, may be permitted with Planning Commission —I
approval for screening rooftop mechanical equipment. (PSZO 93.03.00(A)(1))
3 Each lot shall have a side yard on each side of not less than ten (10)feet, except as otherwise provided;
any portion of a structure in excess of twelve (12)feet in height shall have a minimum setback equal to its
height if abutting any residential property. (PSZO 92.04.03 (E)(3)(a))
- .. J
Planning Commission Staff Report September 10, 2005
Case 5.1193—CUP Page 5 of 10
would afford. The reduction in overall lot coverage is reasonable because the assisted r
living Facility use is primarily focused on interior lectures, group and individual a
counseling sessions. The landscaped courtyard and west side garden provide an
enhanced outdoor space that reasonably offsets the greater lot coverage proposed. Z
Planned Development District., Z
The project addresses these items via the application of a Planned Development District m
(PDD). A PDD may be used to establish development standards that deviate from 0
those of the underlying zone in order to achieve unique or desirable developments
otherwise not possible by strict application of the development standards for the zone.
A PDD may also be used in lieu of a change of zone, however in this case, the applicant
is not requesting a change of zone because the desired uses conform and are permitted
in the zone subject to a CUP.
m
Typically, a PDD is first submitted as a preliminary PDD for Planning Commission and
City Council approvals. After preliminary approvals, the applicant develops the project C
details, elevations and overall architectural scope for Planning Commission approval as m
a Final PDD. In this case, for the preliminary PDD hearing, the applicant has fully r
developed the design of the project to the level of detail usually associated with a Final
PDD. The AAC reviewed the project and found it sufficiently complete to the level of a 0
final PDD submission. For this reason, staff is recommending review of both the
preliminary and final PDD with this hearing.
Building Composition:
The proposed project is comprised of a two-story courtyard style facility. The 15,532 m
square foot first floor is comprised of covered outdoor passages connecting meeting Z
rooms, covered outdoor common area, offices, an exercise room, laundry and seven
sleeping rooms. The building surrounds an outdoor courtyard that contains landscaping,
a swimming pool and terraces. The 9,394 square foot second floor contains covered
outdoor passages that connect offices, a large deck and eight sleeping rooms.
The building height is approximately twenty-four feet. At the rooftop, are mechanical p
units (air conditioning condensing units) that require architectural screening to conceal _
the view of these units. The project proposes a mechanical screen designed with a U)
sloped surface covered in two-piece clay arched tiles to create the impression of a
gabled or hip roof. The height to the top of these mechanical screen elements is
approximately thirty-five feet from the adjacent street. Heights for stairways, elevator
enclosures and mechanical screening may exceed the height limits of the zone with the _
approval of the Planning Commission. Staff believes the proposed screen is a good
aesthetic solution to conceal the rooftop units and recommends the Planning n
Commission approve the increased height. __q
37
Planning Commission Staff Report September 10, 2008
Case 5.1193- CUP Page 6 of 10
Architecture: r
The building is designed in a blend of contemporary and traditional elements. The a
second story elements are covered in a two-piece clay barrel tile hip roof with exposed
rafter tails that functions as a screen for the rooftop mechanical units. Most of the single Z
story elements are simple cubic volumes with flat roofs. The walls have punched Z
windows and horizontal and vertical shadow lines out into the stucco that subdivide the
elevations. Wood timber trellis structures on hefty square stucco columns add detail and M
texture to the exterior of the stucco building. An outdoor loggia or covered corridor
encircles the courtyard at the first floor level. A similar outdoor corridor, partially
covered and partially open, encircles the courtyard at the second floor level. Retaining
walls along the western and northern sides of the building allow the building to be built
slightly into the slope of the site, thereby reducing the overall visual height of the
building on those two sides. These retaining walls also create an enclosed outdoor C7
garden area immediately west of the building. m
Landscape: C
The landscaping is designed with drought tolerant plant materials, with a variety of palm m
trees, Museum Palo Verde, citrus, cypress, olive and ironwood trees. A variety of
desert hardy shrubs, vines, cacti, and ground covers in a naturalized landscape design
surround the building. An enclosed garden of rosemary and lavender is proposed on O
the western side of the site.
Off-Street Parking:
Parking on the site is accommodated with bay parking. The bay parking is proposed to
be located along the Via Escuela street front and the Zanjero street frontage. Bay M
parking is defined as parking spaces that are accessed directly off the adjacent street. Z
Planning Commission approval is required for bay 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 + lspace/every 3 staff. This
project has fourteen beds and eight staff, thus seventeen spaces are required. Twenty-
five spaces are provided. 0
The eight surplus spaces (25 provided minus seventeen required) are proposed to be Cn
dedicated to the companion facility at 2095 North Indian Canyon Drive. Previously, all
parking for that site was proposed to be accommodated within the existing parking lot
on this parcel (pursuant case 5.1066 CUP). With the elimination of this parking lot, the
CUP for that site is being amended (separate from this application) to recognize six _
existing spaces on that site and eight on this site. A requirement to establish a
permanent parking easement and deed restriction on this site is included in the attached 0
Conditions of Approval to ensure both sites continue to have adequate off-street
parking.
Planning Commission Staff Report September 10, 2008
Case 5.1193—CUP Page 7 of 10
Bay parking in residential zones is required to have patterned or colored paving. In this r
case, the project proposes colored concrete for the paving in the bay parking to meet n
this requirement.
Z
Shading of the parking lot will be provided with trees. For off-street parking areas of Z
twenty-five cars, 40% of the total spaces must be shaded. The site plan will be
conditioned to provide shade for at least twelve (12) spaces which will also provide the M
shading requirements for the off-street parking spaces being provided for the 2095
North Indian Canyon Drive facility.
Bicycle Parking:
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 O
facilities are proposed for this project. m
Off Street loading, Trash Enclosures and Recycling: C
Section 93.07.00 of the PSZO regulates development standards for off-street loading m
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 r
Section 93.07.01(A)(8) notes that parking areas and drive aisles may be used for the 0
loading space for a project subject to approval of the Planning Commission. Freight
entry and garbage removal on this project are assumed to be handled from the west
side doors of the first floor spaces into the parking area on the western portion of the
site.
m
The project proposes a combination trash and recycling enclosure at the northwest Z
corner of the site, immediately adjacent to the service door at that corner of the building.
A concrete surface allows the trash bins to be rolled to the curb of adjacent Zanjero for
loading into garbage or recycling trucks.
REQUIRED FINDINGS:
v
The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code _
requires the Planning Commission to make a number of findings for approval of the
permit. The findings for a PDD are the same as those for a CUP and the PDD must be
consistent with the General Plan and follow sound community development principals. —�
The findings are listed below followed by an evaluation of the project by Staff against
these findings.
1) That the use applied for at the location set forth in the application is 0
properly one for which a conditional use permit is authorized by this
Zoning Code.
-
Planning Commission Staff Report September 10, 2008
Case 5.1193—CUP Page 8 of 10
Pursuant to Section 92.03.01(A)(2),assisted living facilities are allowed with a r
Conditional Use Permit in the R-2 zone. The application of a PDD to modify the a
development standards of the underlying zone is permitted by the zoning code Section
94.03.00 (Planned Development) and 92.03.00 (Conditional Use Permit). The project Z
therefore conforms to this finding. Z
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 v
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 O
is consistent with the Medium Density Land Use designation in the General Plan. The m
proposed PDD is not detrimental to existing or future uses because open space, view
corridors, and future development adjacent to this site are not adversely impacted by C
the proposed PDD. The existing parking on the site that support the adjacent use at m
2095 North Indian Canyon Drive have been accommodated by the provision of
additional off-street parking spaces dedicated for use by that facility within the total r
parking count for this site. Thus, the proposed use is not detrimental to existing or 0
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 m
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
conventional housing units. Thus the project contributes to the provision of a broad
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 Ch
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 project is therefore supportive of
this policy.
n
Policy HS3.2: "Assist... in the development of emergency, transitional and -1
permanent supportive housing, and the provision of supportive services..."
Planning Commission Staff Report September 10, 2008
Case 5.1193—CUP Page 9 of 10 .0
As a fully staffed facility, the proposed project will provide a source of permanent, but r
short term housing that provides supportive services for those seeking treatment and a
recovery from substance abuse and addictions. The project is harmonious with this
policy. Z
3) That the site for the intended use is adequate in size and shape to Z
accommodate such use, including yards, setbacks, walls or fences, M
landscaping, and other features required in order to adjust such use to 0
those existing or permitted future uses of land in the neighborhood.
The proposed development has been accommodated on the site in a way that meets
the development standards for the zone. The site is roughly 0.85 acres in size, relatively
flat and conducive for the proposed development. The number of units proposed is O
within the maximum allowed for the zone. The design provides the required off-street m
parking, landscaping setbacks, height limits, and other requirements of the zone as well
as providing a fully landscaped internal courtyard and garden. The PDD establishes
minor adjustments in the underlying development standards for this site that are m
consistent with the development in the neighborhood. Therefore, Staff concludes that
the site is adequate for the proposed use. r
O
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 major thoroughfare (Indian Canyon Drive) and a local collector street m
(Via Escuela). Bay parking on the project is set back from the intersecting street Z
corners to minimize conflicts between parking and through traffic movement. Trash
removal and loading activities are located off Zanjero Road, thereby reducing impacts of
those activities on the movement of traffic on the busier streets around the site. 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 0
reductions in Level of Service (LOS). Staff has therefore concluded that the site _
adequately relates to the circulation network of the City. Cn
CONCLUSION:
Assisted Living Facilities are permitted with a Conditional Use Permit in the R-2 zone.
The proposed building, landscaping, parking and open space conform to the
development standards required for the zone. A PDD is proposed to modify two n
development standards (interior side yard setback and lot coverage) that, in doing so,
allow a more desirable development than would otherwise be possible by strict
application of the development standards for the zone. The project is in harmony with
the General Plan and relates to the surrounding neighborhood, roadway network and
Planning Commission Staff Report September 10, 2008
Case 5.1193—CUP Page 10 of 10
general development pattern for this area of the City; therefore Staff recommends r
approval of the subject CUP and PDD subject to attached conditions of approval.
ENVIRONMENTAL DETERMINATION: 2
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Z
Categorically Exempt as an infill development project per Section 15332 (Infill M
Development Projects). O
NOTIFICATION:
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 has received no D
comments from the public. m
C
Ken Lyon Craig A. Ewing, AICP m
Associate Planner Director of Planning Services
r
Attachments: Q
400' Radius Vicinity Map
Draft Resolution
Conditions of Approval
- Site Plan and Elevations
Ill
Z
D
�fJ
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RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS, CALIFORNIA APPROVING
CASE 5.1193 CUP, PD 354, A CONDITIONAL USE
PERMIT AND PLANNED DEVELOPMENT DISTRICT
IN LIEU OF A CHANGE OF ZONE APPLICATION
FOR AN ASSISTED LIVING FACILITY AT 168 VIA
ESCUELA ROAD, ZONE R-3, SECTION 3.
WHEREAS, Michael Cartwright of Palm Springs Treatment Centers, ("Applicant") has
filed an application with the City pursuant to Section 94.02.00 of the Zoning Code
requesting a Conditional Use Permit and Planned Development District for a assisted
living facility at 168 Via Escuela Road, Zone R-3, Section 3; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1193 — CUP, PD 354 was given in accordance with
applicable law; and
WHEREAS, on September 10, 2008, a public hearing on the Conditional Use Permit
5.1193 -- CUP, PD 354 application was held by the Planning Commission in
accordance with applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the project has been determined to be Categorically Exempt as an infill development
project per Section 15332 (Infill Development Projects); 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 requirements of Section 94.02.00(B)(6), the Planning
Commission finds:
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-2 zone. The application of a PAD
in lieu of a change of zone to modify the development standards and uses
of the underlying zone is permitted by the zoning code Section 94.03.00
(Planned Development), 94.07.00 (Change of Zone) and 92.03.00
(Conditional Use Permit). The project therefore conforms to this finding.
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Planning Commission Resolution September 10, 2008
Case No. 5.1193— CUP PD 354 Page 2 of 5
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 Medium Density Land Use
designation in the General Plan. The proposed PDD is not detrimental to
existing or future uses because open space, view corridors, and future
development adjacent to this site are not adversely impacted by the
proposed PDD. The existing parking on the site that support the adjacent
use at 2095 North Indian Canyon Drive have been accommodated by the
provision of additional off-street parking spaces dedicated for use by that
facility within the total parking count for this site. 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 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
Planning Commission Resolution September 10, 2008
Case No. 5.1193—CUP PD 354 Page 3 of 5
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 proposed development has been accommodated on the site in a way
that meets the development standards for the zone. The site is roughly
0.85 acres in size, relatively flat and conducive for the proposed
development. The number of units proposed is as defined by the PDD
which is made in lieu of a change of zone. The design provides the
required off-street parking, landscaping setbacks, height limits, and other
requirements of the zone as well as providing a fully landscaped internal
courtyard and garden. The PDD establishes minor adjustments in the
underlying development standards for this site that are consistent with the
development in the neighborhood. Therefore, the Planning Commission
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 major thoroughfare (Indian Canyon Drive) and a local
collector street (Via Escuela). Bay parking on the project is set back from
the intersecting street corners to minimize conflicts between parking and
through traffic movement. Trash removal and loading activities are located
off Zanjero Road, thereby reducing impacts of those activities on the
movement of traffic on the busier streets around the site. 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.
Section 2: Pursuant to the requirements of Section 94.07.00(A), the Planning
Commission finds:
Planning Commission Resolution September 10, 2008
Case No. 5.1193—CUP PE) 354 Page 4 of 5
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated
by the proposed change of zone should be made according to the
procedure set forth in the State Planning Law either prior to the
zone change, or notice may be given and hearings held on such
general plan amendment concurrently with notice and hearings on
the proposed change of zone.
The proposed use of this site for an assisted living facility is a residential
type use which is consistent with the Medium Density Land Use
designation in the General Plan. No General Plan amendments are
required.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship to
similar or related uses, and other considerations deemed relevant
by the commission and council.
The proposed development has been accommodated on the site in a way
that meets the development standards for the zone_ The site is roughly
0.$5 acres in size, relatively flat and conducive for the proposed
development. The design provides the required off-street parking,
landscaping setbacks, height limits, and other requirements of the zone as
well as providing a fully landscaped internal courtyard and garden. The
PDD establishes minor adjustments in the underlying development
standards for this site that are consistent with the development in the
neighborhood. To the south of the proposed development is an existing
assisted living facility, thus the project has a compatible relationship to
similar related uses. Furthermore, Bay parking on the project is set back
from the intersecting street corners to minimize conflicts between parking
and through traffic movement. Trash removal and loading activities are
located off Zanjero Road, thereby reducing impacts of those activities on
the movement of traffic on the busier streets around the site. 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 is
suitable for the permitted uses in terms of size, access, and relationship to
similar uses.
3. The proposed change of zone is necessary and proper at this time,
and is not likely to be detrimental to the adjacent property or
residents.
Planning Commission Resolution September 10, 2008
Case No. 5.1193—CUP PD 354 Page 5 of 5
The PDD in lieu of a change of zone provides a fixed number of beds that
reflects the capacity of the facility and off-street parking proposed to be
built on the site. It establishes development standards for the site that are
consistent with development patterns in the vicinity. Vehicular movement
on the site is designed to relate to the adjacent streets in a way that
minimizes disruptions to traffic flow so that the use is not detrimental to
adjacent property and residents. Therefore, the Planning Commission
has concluded that the change of zone is necessary and proper at this
time and is not detrimental to adjacent property or residents.
Section 3: The project proposal has been submitted with sufficient detail to enable
the Commission to evaluate this application as both the preliminary and
the final PDD application hearing.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1193 — CUP, PD 354 for a 2-story, 28-bed
assisted living facility with 25 off-street parking spaces, as the preliminary and final PDD
in lieu of a change of zone, subject to conditions set forth in Exhibit A. The Planning
commission further recommends approval by the City Council of Case 5.1193 — CUP,
PD 354, a planned development district in lieu of a zone change subject to the
conditions set forth in Exhibit A.
ADOPTED this _ day of September, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Craig A. Ewing, AICP
Director of Planning Services
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CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
0
CITY CLERK'S DEPARTMENT
James Thompson, City Clerk
Meeting Date: November 5, 2008
Subject. Michael's Place — 168 Via Escuela (Case 5.1193 CUP)
AFFIDAVIT OF MAILING
1, Kathie Hart, CMC, 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 October 23, 2008, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (61 notices)
I declare under penalty of perjury that the foregoing is true and correct.
v4A6A&
Kathie Hart, CMC
Chief Deputy City Clerk
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 will be published in the Desert
Sun on October 25, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
Ibc
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Dolores Strickstein, Secretary, 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 October 23, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
Z
Dolores Strickstein
Secretary
NEIGHBORHOOD COALITION REPS
Case 5.1193 CUP MR PETE MORUZZI
Michael's House MODCOM AND PALM SPRINGS MODERN COMMITTEE
PHN for CC Meeting T. HISTORIC SITE REP 1 I 1 PO BOX 4738
PALM SPRINGS CA 92263.4738
CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT CASE 5 1193 CUP
VERIFICATION NOTICE 1 1 1 ATTN SECRETARY MRS JOANNE BRUGGEMANS
PO BOX 2743 506 W. SANTA CATALINA ROAD
PALM SPRINGS, CA 92263.2743 PALM SPRINGS, CA 92262
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA
AGUA CALIENTE BAND OF CAHUILLA INDIANS
INDIANS I I I I 1 1 777 E.TAHOUITZ CANYON WAY,#301
PALM SPRINGS, CA 92262
MR MICHAEL CARTWRIGHT MR JAMES CIOFFI, ARCHITECT
PALM SPRINGS TREATMENT CENTER 2121 TAHQUITZ CANYON WAY,#3
SPONSORS 210 WESTWOOD PLACE, SUITE 120 PALM SPRINGS, CA 92262
BRENTWOOD, TN 37027
ESSI ENG, INC. RONALD GREGORY
78080 CALLE AMIGO, STE. 101 74-020 ALESSANDRO, STE. E
LA QUINTA, CA 92253 PALM DESERT, CA 92260
\
501 090 019 501 460 030 501 460 031
Riviera Re' arnate Lie Donna Lemberg&Seymour Moreno Donna Arias& Constance Sharp
2000 ndian Canyon Dr 3702 Lecs Ave PO Box 4826
P< Springs,CA 92262 Long Beach, CA 90808 Palm Springs, CA 92263
501 460 032 501 460 037 501 460 038
Antonio&Ilma Silva Henry Golliday Irma Borden
1340 Garretson Ave 2286 N Indian Canyon Dr#B 2286 N Indian Ave
Corona, CA 92879 Palm Springs,CA 92262 Palm Springs, CA 92262
501 460 039 501 460 040 501 460 041
Vince&Beatrice Castiglione Alice White Mary Quintero
1114 S Wycliff Ave PO Box 1185 4417 Yellowstone St
San Pedro,CA 90732 Palm Springs, CA 92263 Los Angeles,CA 90032
501 460 042 501 460 043 501 460 044 �M Steven& teryl Gage Radana Dimitrovic Gruttad o
2222 ndian Canyon Dr'r#A 2222 N Indian Canyon Dr#B 222 Indian Ave#C
P Springs,CA 92262 Palm Springs, CA 92262 m Springs, CA 92262
501 400 045 501 460 046 501 460 047
Jennifei Gomez&Patricia Wetzel James Dillon Richhart
1901 N Pepper St. 2222 N Indian Canyon Dr#L 18591 Jocolal Ave
Burbank, CA 91505 Palm Springs,CA 92262 Villa Park,CA 92861
501 460 049 501 460 006 501 470 009 P-' i
Angela Smith Lot Common Nefertif comas
37696 Breeze Way PO Box 1549 NO REET NAME or NUMBER
Palm Desert, CA 92211 Newport Beach, CA 92659 in Springs, CA 92264
501 470 010 501 470 01 1 501 470 012
Thomas&Patricia Sinclair Kathryn Tomasino Laura Moreno
526 Passiflora Dr 354 W Stevens Rd 2166 N Indian Canyon Dr#D
La Habra, CA 90631 Palm Springs, CA 92262 Palm Springs, CA 92262
501 470 013 501 470 014 501 470 015
Dorothy Hedd Kathleen Day Keith Martinez&Hans Kowoll
2166 N Indian Canyon Dr#E 2166 N Indian Canyon Dr#20 1100 Acarna St#141
Palm Springs,CA 92262 Pala Springs, CA 92262 Studio City, CA 91602
501 470 016 501 470 017 501 470 018
NebcJsa Pejic& Radana Dmitrovm Joyce Morrow&Adrian Gnmani Moor Josie Plagge
2166 N Indian Canyon Dr#H 2120 N Indian Canyon Di#A 2120 N Indian Canyon Di #B
Patin Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
501 470 019 501 470 020 501 470 022
Alex Powell Ian Bruce Richard Holdway&Craig Magaw
27147 Eastvale Rd 1029 atper Ave 720 W Gordon Ter#71,
Pis Vrds Prisl,CA 90274 W Hollywood, CA 90046 Chicago,1L 60613
s „7-3
501 470 023 501 470 024 501 470 025
Barbara Limardo Diedre Sharpe Arnold Fingerhood
110 L Via L^'scucla f/A 5455 N Alto Dr 110 E Via Escuela#C
Palm Springs, CA 92262 San Bernardino, CA 92404 Palm Springs, CA 92262
501 470 026 501 470 027 501 470 028
Barbara Isaacs Sonia Moseley Susan Brown& Michelle Sorice
110 L Via L^"seucla#D 110 E Via Escuela#E 18152 Donmetz St
Palm Springs,CA 92262 Palm Springs,CA 92262 Northridge, CA 91326
501 470 029 501 470 030 501 470 031
Barbara Buckman Rene Beaudry Jonathan Bul&Victor Gamino
11345 Gladwin Si 129 E Via Escuela 8B 128 E Via Escuela#C
Los Angeles, CA 90049 Palm Springs, CA 92262 Palm Springs, CA 92262
501 470 034 501 470 035 501 470 036
William Abronson &Ellen Gay Abrons Robert Kamykowski Rosemary Littlejohn
308 S Crescent Dr 186 E Via Escuela IIB 186 E Via Escuela#C
Beverly Hills,CA 90212 Palm Springs, CA 92262 Palm Springs, CA 92262
501 470 055 504 270 004 504 270 005
Lot Common Olivera Townhomes Lle North First Street Properties
PO Box 1549 33234 Campus Ln 1122 Willow St#200
Newport Beach,CA 92659 Cathedral City, CA 92234 San Jose, CA 95125
504 270 006 504 270 007 504 270 008
North First Street Properties North First Street Properties North First Street Prop
1122 Willow St#200 1122 Willow St#200 1122 Willow St#200
San Jose,CA 95125 San Jose,CA 95125 San Jose,CA 95125
504 270 009 504 270 014 504 270 01
Desert Moon htn Llc Whitewater Mutual Water Co Rjt Inv c �+�I
2150 N Palm Canyon Dr PO Box 2821 Mesa Dr
19
Palm Springs,CA 92262 Palm Springs, CA 92263 lm Springs,CA 92264
504270019 504 320 028 504 320 029
Dorothy Shea Dee Hung&Young Ja Yoo Palm Spgs Treatment Ctrs Lie
2299 N Indian Canyon Dr 791 Saint Katherine Dr 210 Westwood PI #120
Palm Springs,CA 92262 La Canada, CA 91011 Brentwood,TN 37027
501 470 020
Ian Bruce
RETURNED MAIL
2120 N. Indian Canyon Drive, Unit D
Palm Springs, CA 92262
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
No.36e91 --
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
STATE OF CALIFORNIA PLANNED IEVELOprylENTDI5TRICTg54
County of Riverside MICHAEL'StPLACE IA ASSISTED
ROnp FACILITY
NOTICE IS HEREBY GIVEN that the CIIy
Council of the City of Palm Springs Cdlilomla,will
hold p ppubllc Iluaring at its meelinp of November
5,2009.The City Council meeting at 6.00
pp m. In the Council Chamber at Clty Hell, 3200
East Tahqullt Canyon Way,Palm Springs.
1 am a citizen of the United States and a resident of The purpose of this hearing is to consider on ap-
pllcalion by Michael Cartwright of Palm Springs
the County aforesaid;I am over the ago of eighteen Tmentt of a 14-rapin 2&bod a for a ssisted living family
years,and not a party to or interested in the Thu prnpogod pprefect would be located on an e -
prexima d 40,Od square foot site at 166 �a
above-entitled matter.I am the principal Clerk of a E�cuOld Road and would include off-street park-
rinter of the DESF,RT SUN PUBLISHING Ing, 1andIcaping a swimming pool, meeting
p , mine and other common arcs R,Zone -3.
COM PANY a newspaper of general circulation,
printed and published in the city of Palm Springs, ry
County of Riverside,and which newspaper has been
adjudged a newspaper of general circulation by Elie
Superior Court of the County of Riverside,State of i
California underthe date of March 24,1988.Case ---- 1 I
Number 191236;thal the notice,of which the -
annexed is a printed copy(set in type not smaller --�than non pariel,has been published in each regular
and entire issue of said newspaper and not in any -
supplement thereof on the following dates,to wit:
October 25u' 2008 CITY n`,.m - --
All in the year 2U08 Ir rs�pOe Project conDETERMINATION;
1 3 de of tho CE 3
_ _...___ NATION;
d a Old, 2 in fill
y development mooing the conditions far categan
cal OXemption because the prefect is consistent
with the applicable policies of it)*general%) nand
I certify(or declare)under penalty of perjury that the zoning designation The prolact is Icus than Lae
i
acres in size and s not considered a habitat for
foregoing is true and correct. Mdangered,rare or threatened 90ales Approval
ofthe pioactwould notresult in any slerif tel-
fect-Wellng to traffic noise air Ilaldy or water
Dated at Palm Springs,California this-3`d,---day gLIM!end'he site can be eervad�ly eft uulnlee
20U8 ru ardin (his rand are av INFORMATION;
REVIEW OF PROJECT
rag stag report and oilier suppprtin document-
or-------- November -F— — -- g P I atlable�or ppublic re-
view at Hall between the hours of BAo n.m.
and 5:00 p.m Montlay through Fddeyy. Please
contact lno 091ce of the City Clark at(760)316204 if you would like to schedule an appointment
_ to mvlaw these dcwumeI
----�- ----- ------— -- COMMENT ON THIS APPLICATION- Ro•
I sponge to this notice may be made verbally at the
ignatu re Public Hearing and/Or in willing before the hear-
ing. Written comments may be mado to the Clly
-� � Council by letter(for mall or hand delivery)to
Lr7
J Jame,Thompson City Clerk
3200 E.Tahgwtz Granyyen Way
CS — _'C'tc �� Palm Spnngs CA 92262
Any challenge of the proposed protect In court
�+,;•, ^J may be Ilmilod to raising only those issues raised
J in
Ilia public hearing described In this notion or
G7 C] wrlllun correspondence delivered to the CI Clark
�< I ',— 'd or ppear to the ppublic hoaring. (Government
C- N�' I Code Sectnn 65009 1121)
An opportunity will be given at said hearing for dll
interested e
_ In [his cap manse by heard.questions rdgard.
o g e6 maybe directed to Ran Lyon,ent a•
760 3213er Planning Services Oepartmenl at
_ o ( )
V
` 51 nnoCiudad ayud'g con Bing cane,edeporfavor Ilume a,
is Ciudad ge t elm Springs y p-824 hdblar con
Nadine Fieger telelono peg)323-g245.
Jame;Thomp"n,City CIOrk
Published!70/25/06
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1193 CUP
PLANNED DEVELOPMENT DISTRICT 354
MICHAEL'S PLACE ASSISTED LIVING FACILITY
168 VIA ESCUELA 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 November 5, 2008. 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 an application by Michael Cartwright of Palm Springs
Treatment Centers, Inc for a proposed development of a 14-room, 28-bed assisted living facility. The
proposed project would be located on an approximate 40,045 square foot site at 168 Via Escuela
Road and would include off-street parking, landscaping, a swimming pool, meeting rooms, and other
common areas, zone R-3.
ENVIRONMENTAL DETERMINATION: Pursuant to Section 15332 of the CEQA guidelines, the
project is considered a Class 32 in-fill development meeting the conditions for categorical exemption
because the project is consistent with the applicable policies of the general plan and zoning
designation. The project is less than five acres in size and is not considered a habitat for
endangered, rare or threatened species. Approval of the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality, and the site can be served by all utilities.
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. and 5:00 p.m.,
Monday through Friday. 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 Cade 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, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con
Nadine Fieger telefono (760) 323-8245.
James Thompson, City Clerk
Department of Planning Services
Vicinity Map
-- ------------
J �
VIA OLIVURA
- - - -----------
IA
------- ------
X
-'SCUELk
INN
Legend
C>400 Foot Radius
Project site
Surrounding Parceis
CITY OF PALM SPRINGS
CASE NO: 5.1193 — CUP & DESCRIPTION: To consider an application by
PD 354 Michael Cartwright of Palm Springs Treatment
Centers, Inc- for a proposed development of a 14-
APPLICANT- Michael Cartwright room, 28-bed assisted living facility. The proposed
Michael's Place Assisted project would be located on an approximate
Living Facility 40,045 square foot site at 168 Via Escuela Road
and would include off-street parking, landscaping,
a swimming pool, meeting rooms, and other
common areas, Zone R-3.