The URL can be used to link to this page

Home My WebLink About1L OCRCITY COUNCIL STAFF REPORT DATE: OCTOBER 8, 2020 CONSENT SUBJECT: ADOPTION OF A RESOLUTION DENYING AN APPEAL FILED BY SIMON CRE SUMMIT Ill, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A CONDITIONAL USE PERMIT AND A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3 (CASE 5.1498 CUP & 3.4148 MAJ). FROM: David H. Ready, City Manager BY: Development Services Department SUMMARY On September 24, 2020, the City Council instructed Staff to prepare a resolution denying an appeal filed by Simon CRE Summit Ill and uphold the Planning Commission denial for a Conditional Use Permit (Case 5.1498 CUP) and Major Architectural Application (Case 3.4148 MAJ) for the construction of a 3,071-square foot convenience store and fueling station located at 2444 North Palm Canyon Drive. RECOMMENDATION: 1) Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL FILED BY SIMON CRE SUMMIT Ill, LLC AND UPHOLDING THE PLANNING COMMISSION DENIAL FOR A CONDITIONAL USE PERMIT (CASE 5.1498 CUP) AND MAJOR ARCHITECTURAL APPLICATION (CASE 3.4148 MAJ) FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE." BACKGROUND AND DETAILS 8/13/1980 5/16/2007 City Council approved case PD-113 for th~.construction of a multi-tenant sho in center and associated ad sites. City Council approved Case 5.1113 PD 329 named Art Colony for a residential and commercial development that was never constructed, and .._ ___ __.__e_n_ti_tle_m_e_n_t_h_a_s _e__.x _ir_e_d_. -----------tl~-----~d c;..-.rn-r-..----___,_1. L · 2City Council Staff Report October 8, 2020 Page 2 of 2 Case 5.1498 CUP & 3.4148 MAJ-7-Eleven 2/3/2020 Architectural Advisory Committee reviewed the project and recommended approval with the following comments: 1. Increase landscape buffer along North Palm Canyon Drive. 2. Increase shading over windows on west facing fac;ade. 3. Provide site lighting on a photometric plan. 4. Provide structural section of fuel canopy. 4/8/2020 The Planning Commission conducted a public hearing reviewing exhibits and taking testimony, voted to deny the application with a tally of 3-1 with 3 absent. 9/24/2020 The City Council held a public hearing on the appeal request and voted 5-0 to deny the appeal and uphold the Planning Commission decision. CITY COUNCIL ACTION The City Council held a public hearing on September 24, 2020 to consider an appeal request to overturn the decision of the Planning Commission to approve a new ?-Eleven convenience store with fueling station. The City Council carefully considered all of the evidence presented, including the staff report, the Planning Commission resolution, heard testimony from the appellant and all written correspondence and voted 5-0 to deny the appeal request. Staff was instructed to return at the next Council meeting with a resolution reflecting the decision. fc:,< Flinn Fagg, AICP Director of Development Services ~ -~ --:=::-2 7=7 ~ A ~ David H. Ready, ~Ph.. City Manager Attachments: 1. 500' Vicinity Map 2. Draft Resolution Marcus L. Fuller, MPA, PE, PLS Assistant City Manager 3. Action Summary of 9/24/2020 City Council Meeting 3' ' ' ' Department of Planning Services Vicinity Map RACQUET CLUB RD PD Legend • 500 Ft. Radius ~ Site CITY OF PALM SPRINGS 7-Eleven 2444 North Palm Canyon Drive Case 5.1498 CUP & 3.4148 MAJ W •. N ~. ·.E ' , . s R2 4RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL FILED BY SIMON CRE SUMMIT Ill, LLC AND UPHOLDING THE PLANNING COMMISSION DENIAL FOR A CONDITIONAL USE PERMIT (CASE 5.1498 CUP) AND MAJOR ARCHITECTURAL APPLICATION (CASE 3.4148 MAJ) FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Simon CRE Summit Ill, LLC. ("Applicant") representing ?-Eleven has filed a Conditional Use Permit (Case 5.1498 CUP) and a Major Architectural Application (Case 3.4148 MAJ) with the City pursuant to Sections 94.02.00 (Conditional Use Permit); and 94.04.00 (Architectural Review) of the Palm Springs Zoning Code for the construction of a 3,010-square foot convenience store and fueling station located at 2444 North Palm Canyon Drive. (This application, Cases 5.1498 CUP and 3.4148 MAJ, is referred to herein as the "Project".) B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the project was given in accordance with applicable law. C. On April 8, 2020, the Planning Commission held a public hearing to consider the Project in accordance with applicable law, and carefully considered all of the evidence presented, including but not limited to the staff report and all written and oral testimony presented at the meeting, and voted 3 to 1 with (3 absent) to deny the request. D. On April 13, 2020, the Applicant filed an appeal of the Planning Commission decision to deny the Conditional Use Permit and Major Architectural Application, in accordance with the procedures in Chapter 2.05 of the Palm Springs Municipal Code (PSMC). E. On September 24, 2020, the City Council of the City of Palm Springs, California, held an appeal hearing on the Planning Commission's decision to deny the Project, in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project including new evidence and testimony from the applicant plus but not limited to the staff reports, and all written and oral testimony presented. F. Pursuant to Section 92.12.01(0)(11) of the C-1 Zone in conformance with Section 94.02.00 of the Palm Springs Zoning Code for a Conditional Use Permit the City Council determined that the following finding could not be made resulting in the denial decision: 5City Council Resolution Case No. 5.1498 CUP & 3.4148 MAJ-7-Eleven October 8, 2020 Page 2 of 3 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 General Plan designation of the subject property is MU (Mixed Use/Multi Use) which is a land use designation intended to provide community serving retail opportunities for convenience commercial uses that serve adjacent residential neighborhoods. The commercial opportunities created under this designation are intended to be an integrated element of the neighborhood, providing services to nearby residents. The City Council finds that the proposed convenience store with fueling stations is not necessary or desirable to the neighborhood. The relocation of the existing 7-Eleven store to the new location will result in an empty retail space with numerous vacant storefronts in the immediate area. The site design is not walkable and auto dominated as compared to the existing store located on the west side of a Major Throughfare easily accessible to nearby residents. The new location would require pedestrians to traverse four lanes of traffic crossing North Palm Canyon Drive. The project as designed would be detrimental to future residential uses planned to the east of the site. A true Mixed-Use development would integrate the commercial and residential components, so they are interconnected through pedestrian and vehicle networks to ensure that all proposed uses are properly integrated and allow implementation of development standards per the General Plan. The project will not result in a harmonious relationship between the commercial uses and adjacent residential uses through site design, building scale, pathways and circulation design, and architectural treatment of structures. Furthermore, several existing nearby businesses with convenience/fueling station serves the needs of the neighborhood and the proposed project does not further the goal of the Food Desert Overlay Zone which seeks a bona fide grocery retailer in this area. Based upon the above the City Council could not make the finding. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1. That the findings and determinations reflected above are true and 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 denies the appeal request and upholds the decision of the Planning Commission to deny a Conditional Use Permit and Major Architectural Application Case No. 5.1498 CUP and 3.4148 MAJ for the construction of a 3,010-square foot convenience store and fueling station located at 2444 North Palm Canyon Drive. ADOPTED THIS 8TH DAY OF OCTOBER, 2020. David H. Ready, Esq., Ph.D. City Manager 6City Council Resolution Case No. 5.1498 CUP & 3.4148 MAJ -7-Eleven ATTEST: Anthony J. Mejia, MMC City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) October 8, 2020 Page 3 of 3 I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ 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 _________ _ by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia, MMC City Clerk 7City Council Minutes September 24, 2020 2. Adopt Resolution No. 24804 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE NECESSITY FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS TO INCUR BONDED INDEBTEDNESS. II 3. Schedule a Public Hearing for November 12, 2020, regarding matters related to the Canyon View Community Facilities District formation. N. REQUEST BY U.S. CONFERENCE OF MAYORS TO SIGN ON TO STATEMENT OF SUPPORT FOR HUMAN RIGHTS IN THE UNITED STATES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Approve the City of Palm Springs to sign on to a statement in support of human rights from the United States Conference of Mayors. 2. Authorize the Mayor to sign on to such statement on behalf of the City of Palm Springs. 2. PUBLIC HEARINGS: A. APPEAL BY SIMON CRE SUMMIT III, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A CONDITIONAL USE PERMIT AND A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3 (CASE 5.1498 CUP & 3.4148 MAJ) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to direct staff to prepare and return to City Council with a Resolution denying the appeal and upholding the Planning Commission's action to deny a Conditional Use Permit and a Major Architectural Application for the construction of a 3,071-square foot convenience store and fueling station located at 2444 North Palm Canyon Drive. City of Palm Springs Page 9 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MJNUTES