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HomeMy WebLinkAbout22335 - RESOLUTIONS - 9/17/2008 RESOLUTION NO. 22335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1110, TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES AND PLANNED DEVELOPMENT DISTRICT 327 FOR THE DEVELOPMENT COMPRISED OF RESIDENTIAL AND COMMERCIAL CONDOMINIUM UNITS AT 901 NORTH PALM CANYON DRIVE. WHEREAS, Nichols Properties, Inc. (the "Applicant") has filed an application with the City pursuant-to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 327; and WHEREAS, the Applicant has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 35999; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1110, consisting of Planned Development District 327, Tentative Tract Map 35999, and project architectural approval was given in accordance with applicable law; and WHEREAS, on August 13, 2008, a public hearing on the application for Case 5.1110 consisting of Planned Development District 327 and Tentative Tract Map 35999 was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources, and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented and voted 6-0-1 to approve Case 5.1110 PD 327 and recommend approval of Case 5.1110 PD 327 and TTM 35999 to the City Council. WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case 6.1110, Planned Development District 327 and Tentative Tract Map 35999 was given in accordance with applicable law; and WHEREAS, on September 10, 2008, a public hearing on the application for the Planned Development District and Tentative Tract Map was held by the City Council in accordance with applicable law; and Resolution No. 22336 Page 2 WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: 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, the project 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. Section 2: Pursuant to Section 94.03.00 (Findings for a Planned Development District), as outlined in Section 94.02.00(B)(6) (Conditional Use Permit) of the Zoning Ordinance, the City Council finds: a. 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; The uses applied for at the subject location are ones that are authorized by the zoning code because commercial uses including restaurants, general retail, and office uses are permitted in the C-1 zone. The multi- family residential use proposed at this location is permissible because this parcel is located within the R (Resort) overlay zone and multi-family residential uses are permitted with a CUP subject to certain findings in the R overlay zone. b. 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 uses are desirable for the development of the Uptown District because such uses are identified as suitable and appropriate for this neighborhood in the General Plan discussion of the Uptown District. Resolution No. 22335 Page 3 Uptown comprises a unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development that also serves the adjacent neighborhoods of Las Palmas, Vista Las Palmas and the Movie Colony. The proposed uses are in harmony with the various elements and objectives of the general plan for this area because they are the type of uses described as desirable for the Uptown area. The proposed uses are not detrimental to existing or future uses specifically permitted in the zone because they are the type of uses specifically permitted in the C-1 zone and as described in the General Plan discussion of the Uptown District. The proposed uses and type of development are complementary with existing development and uses in the neighborhood and will provide useful commercial serves to the adjacent residential neighborhood. C. 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 project is located on a rectangular vacant lot approximately 0.55 acres in size and fronts North Palm Canyon Drive. It is adequate to provide the required off-street parking needs for the proposed development. The site is adequate in size and shape to accommodate the proposed uses and the height and density of the proposed development is consistent and similar to other buildings in the neighborhood. Many properties on North Palm Canyon Drive are built with zero front lot lines, and commercial and residential uses are combined in a similar way as is proposed with this building; with residential units with balconies over first floor retail/commercial uses that front North Palm Canyon Drive. Based on the neighborhood character, the proposed setbacks, walls, landscaping and other features are compatible with the existing adjacent properties. d. 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; In addition to its Palm Canyon frontage, the site fronts two side streets, Alameda and Hermosa, from which off-street parking access can be provided without adversely affecting traffic flow on those side streets or Palm Canyon. Palm Canyon Drive is a major thoroughfare and confirmed in the General Plan Future Traffic Analysis to continue to function at acceptable levels of service (LO5) at buildout. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and Resolution No. 22335 Page 4 general welfare and may include minor modification of the zone's property development standards. Such conditions may include: A set of proposed Conditions of Approval accompany this resolution. Section 2: Pursuant to Section 92.25.00 (C) (Finding for the R overlay zone) of the Palm Springs Zoning Ordinance, the City Council finds; that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone. The site in question fronts the major thoroughfare of North Palm Canyon Drive. In this area, known as the Uptown District, a variety of buildings exist with a similar density, and mix of both residential and commercial uses. As noted in the General Plan, the Uptown District is a unique neighborhood with a collection of offices, galleries, restaurants, and various neighborhood-serving commercial uses at a relatively low scale and density. Within the Uptown neighborhood several land use designations exist, including "mixed use/multi use Although the subject site is not so designated, the proposed development, with its mix of residential, office, cafe, and retail represents a type of development and uses that are complementary to the existing and developing uses in the neighborhood. It is typical of the type of desired development described in the General Plan description for the Uptown area. The proposed building is consistent in height and general bulk with the maximum allowable height and density standards for the zone. It maximizes off-street parking in an area of the City that has somewhat limited off-street parking accommodations. As one of few remaining vacant sites in the area, the site may be appropriately described as an "infill site". Such sites usually are usually best developed with uses and building densities that reflect the existing development in the neighborhood, which this proposed development does. For these reasons, the site is appropriate for the uses proposed and there are no other more appropriate uses allowed by right within the underlying zone that should be considered. Section 3: Pursuant to pursuant to Section 66474 of the Subdivision Map Act. The City Council hereby finds: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with all applicable general and specific plans because the land use proposed of neighborhood serving commercial and retail uses is consistent with the NCC (Neighborhood Community/Commercial) land use designation. Resolution No. 22335 Page 5 b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The design and improvements of the proposed Map are consistent with the allowable uses in the C-1 zone because the commercial, retail and residential uses proposed in this project are permitted uses in that zone. C. The site is physically suited for this type of development_ The site is physically suited for this type of development because it is a generally flat site, fronting a major thoroughfare with existing surrounding development of commercial, retail and residential mixed-use development. The site is bounded on three sides by public streets which accommodates vehicular traffic in and out of the site without disruption. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map has been reviewed under the California Environmental Quality Act, and as an infill site has been determined to be Categorically Exempt from CEQA. The site is within a neighborhood that has been fully developed for many years, and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife or their habitats. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed map, the design of the improvements and the type of development is not likely to cause serious public health problems. It is a commercial, retail, residential project that is harmonious with existing development in the Uptown district and is consistent with the objectives of the General Plan and general development standards for the zone. f. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Resolution No- 22335 Page 6 ADOPTED, this 171h day of September, 2008. David H. Ready, C' anager ATTEST: ?mes Thompson, City Clerk CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22335 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 17th day of September 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. Barnes Thompson, City Clerk ty of Palm Springs, California ' 2 b