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HomeMy WebLinkAbout24894RESOLUTION NO. 24894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MINOR ARCHITECTURAL APPLICATION, CASE NO. 3.1292 MAA, TO ALTER THE EXTERIOR OF AN EXISTING CANNABIS LOUNGE FACILITY, HIGHTEND, LOCATED AT 3395 NORTH INDIAN CANYON DRIVE, SUITE A. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. Jamie Chisick of OC Coast, Inc. ("Applicant") has filed a Minor Architectural Application (Case 3.1292 MAA) with the City pursuant to Sections 94.04.00 (Architectural Review) and 93.20.15 (Special Standards for Cannabis Facilities) of the Palm Springs Zoning Code (PSZC) to alter the exterior of an existing cannabis facility, Hightend, located at 3395 North Indian Canyon Drive (APN: 669-452-063), Zone C-M. B. On October 19, 2020, the Architectural Advisory Committee (AAC) reviewed the proposed project and voted unanimously for the project to be continued for further review. C. On April 19, 2021, the Architectural Advisory Committee (AAC) reviewed the revised plans submitted by the applicant and voted unanimously to recommend approval of the project to the City Council subject to conditions of approval. D. The conditions of approval recommended by the Architectural Advisory Committee (AAC) are the following: 1. All outdoor light fixtures to be installed at the same level with no exposed conduit. The outdoor lights shall be illuminated during the hours of operation. 2. Two horizontal wooden elements on the front/south elevation of the building shall be improved. 3. A physical barrier (a curb or bollards) shall be installed in the area between the parking lot and sidewalk. Add landscaping materials along the southern border of the parking lot. E. On May 27, 2021, the City Council held a regularly scheduled meeting and reviewed the project in accordance with applicable law, and carefully considered all of the evidence presented in connection the project, including but not limited to the staff report and all written and oral testimony presented. F. Due to the project involving a cannabis facility, the City Council shall review and make a decision on this project, in accordance with Palm Springs Zoning Code Section 93.23.15(F)(3) of the Palm Springs Zoning Code. G. The proposed project is considered a "project" pursuant to the terms of the Resolution No. 24894 Page 2 California Environmental Qualit existing building. y determined to be pursuant to Section or alterations to an H. Pursuant to Section 94.04.00(D) of the Palm Springs Zoning Code, the City Council finds: The City Council has examined the material submitted with the architectural approval application and has examined specific aspects of the design and determined the proposed development will (1) provide desirable environment for its occupants; (2) is compatible with the character of adjacent and surrounding developments, and (3) aesthetically it is of good composition, materials, textures and colors. The City Council's evaluation is based on consideration of the following: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i. e., sidewalks as distinct from parking lot areas. The project proposes to repaint the exterior of the existing commercial building which was constructed in 1947. The building is located in a lineal orientation facing a parking lot to the south, and a planting bed separates two rows of parking spaces. Vehicular access to the site is provided on North Indian Canyon Drive and West San Rafael Drive. The project is not proposing to alter the site layout, orientation, location of the building, or vehicular circulation pattern. The east -end parking stall is located immediately adjacent to the public sidewalk on North Indian Canyon Drive, and there is no physical barrier between the parking stall and the sidewalk. To ensure that there will be no vehicle backing onto the adjacent sidewalk, staff recommends the implementation of a condition of approval which requires the installation of a physical barrier between the parking lot and sidewalk as recommended by the AAC (Condition of Approval PLN 3). With the implementation of the condition of approval, the project meets this finding. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The project site is located on a corner lot in an industrial area. The parcels located diagonally southeast to the site and the one directly adjacent to the south are both undeveloped. The site is adjacent to a commercial building to the north which is painted in beige. While the difference in paint colors found at the site and the immediate adjacent building to the north is somewhat acute, the site's corner location facing a major thoroughfare and being adjacent to vacant parcels reduce the impact of the paint colors. A majority of the industrial buildings found within the site's vicinity are white, and the gray paint colors will accentuate the pattern of the industrial neighborhood. Resolution No. 24894 Page 3 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; The project proposes the application of a new coat of paint and the installation of new light fixtures. The project will not alter the physical features of the building such as the building height, massing, or walls. There is not mechanical equipment installation proposed. 4. Building design, materials and colors to be sympathetic with desert surroundings; Gray is a desert -neutral color, which is commonly applied to commercial fagade in the City. Hence, it is sympathetic with desert surroundings. The overall building design has not been changed. The two unfinished horizontal wooden elements stand out. If the features were to remain as a part of the overall building design, they will need to be painted in the color that matches the building for visual consistency with the rest of the building. Therefore, staff recommends Condition of Approval PLN 2 to be implemented for the project to meet this finding. 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously; Lighter'Night Mission' paint is applied to the stucco wall, and architectural accents are painted in darker 'Anchor Gray' for contrast. The selected paint colors are complementary to each other, and the application of the colors is reasonable for the design of the building. Should the applicant wish to incorporate the two horizontal untreated wooden elements into the overall building design, the applicant will have to improve such features for visual and color consistency by painting them in the color that matches the building. Additionally, the illumination of the proposed light fixtures during the hours of operation will ensure that the fixtures will function as an accent against the dark building background. These are required in Conditions of Approval PLN 1 and PLN 2 and, with said conditions, the project meets this finding. 6. Consistency of composition and treatment; 'Night Mission' is applied to stucco walls and 'Anchor Gray' is applied to minor architectural features such as the cornice for accent. The composition and application are consistent throughout the site. On the other hand, the alignment of the proposed light fixtures is not consistent. To ensure visual consistency, Condition of Approval PLN 1, as recommended by the AAC, requires the light fixtures to be installed at the same level with no exposed conduit. The project meets this finding with the implementation of the condition of approval. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; Resolution No. 24894 Page 4 There is an existing landscape plan for the property, which was approved by the Planning Division in 2014. Since the landscape installation in 2014, a large amount of plant materials has been lost due to a lack of property maintenance. Following an action taken by the Code Enforcement Division in April 2021, the site's landscape was recently replenished and meets this standard. Property maintenance is required as stated in Palm Springs Zoning Code Sections 92.15.04 and 93.19.00 and Condition of Approval ADM 3. 8. Signs and graphics, as understood in architectural design including materials and colors; The applicant is not proposing new signage as a part of this application. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: That the findings and determinations reflected above are true, correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 3.1292 MAA, a Minor Architectural application to alter the exterior of an existing cannabis facility, Hightend, located at 3395 North Indian Canyon Drive, subject to the conditions stated in Exhibit A. ADOPTED THIS 27TH DAY OF MAY 2021. JUSTI9 CLIFTON, C MANAGER ATTEST: THONY J� ME ERK Resolution No. 24894 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24894 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 May 27, 2021, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 715� day of -) , 70-0 6—nithony J. VQji y Clerk City of Pal . Springs, California Resolution No. 24894 Page 6 EXHIBIT A Case 3.1292 MAA Hightend — 3395 North Indian Canyon Drive May 27, 2021 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning Services, the Director of Building and Safety, or the Director of Community and Economic Development, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 3.1292 MAA, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped January 19, 2021 on file in the Planning Division, except as modified by the conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.1292 MAA. 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, Resolution No. 24894 Page 7 indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances may result in proceedings to revoke the approval. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. PLANNING DEPARTMENT CONDITIONS PLN 1. All outdoor light fixtures to be installed at the same level with no exposed conduit. The outdoor lights shall be illuminated during the hours of operation. PLN 2. Two horizontal wooden elements on the front/south elevation of the building shall be painted to match the color of the building. PLN 3. A physical barrier (a curb or bollards) shall be installed in the area between the parking lot and sidewalk. Add landscaping materials along the southern border of the parking lot. PLN 4. Remove any unpermitted elements (e.g. battery -powered light fixtures, a flood light directed towards the banner on the south elevation) within 14 days of the approval of this application. PLN 5. Immediately remove the temporary banner(s) which are installed on the south and north elevations of the building. PLN 6. Street and parking -lot facing windows and door in the reception area shall be transparent. 1:11041exelX01070119111[ffl 01.9