HomeMy WebLinkAbout24920RESOLUTION NO. 24920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, REVOKING A
CONDITIONAL USE PERMIT (CASE 5.1419 CUP) FOR
THE OPERATION OF A CHARITABLE INSTITUTION AT
441 SOUTH CALLE ENCILIA, ZONE LSC (APN: 508-094-
015.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. Well in the Desert (WITD) applied for a Conditional Use Permit (CUP) for Case
5.1419 CUP, with the City pursuant to Section 94.02.00 of the Palm Springs Zoning
Code (PSZC) to allow operation of a charitable institution located at 441 South Calle
Encilia (Property), Zone LSC.
B. On June 14, 2017, the Planning Commission held a public hearing in accordance
with applicable law and adopted a Resolution recommending the City Council approve
Conditional Use Permit (CUP) (Case 5.1419 CUP), subject to conditions to protect the
health, safety, and general welfare of the public.
C. On June 21, 2017, the City Council approved the CUP, subject to conditions to
protect the health, safety, and general welfare of the public, including but not limited to:
ADM 10 Cause No Disturbance. The owner shall monitor
outdoor parking areas, walkways, and adjoining properties and
shall take all necessary measures to ensure that customers do not
loiter, create noise, litter, or cause any disturbances while on -site.
The owner and operator shall ensure that at closing time, all
customers leave the property promptly and that the property is
clean and secure before the owner/operator leaves the premises.
The Police Chief, based upon complaints and/or other cause, may
require on -site security officers to ensure compliance with all City,
State, and Federal laws and conditions of approval. Failure to
comply with these conditions may result in revocation of this permit,
temporary business closure or criminal prosecution.
ADM 11. Grounds for Revocation. Non-compliance with any of
the conditions of this approval or with City Codes and Ordinances,
State laws; any valid citizen complaints or policing and safety
problems (not limited to excessive alcohol consumption, noise,
disturbances, signs, etc.) regarding the operation of the
establishment; as determined by the Chief of Police or the Director
of Building and Safety, may result in proceedings to revoke the
Resolution No. 24920
Page 2
Conditional Use Permit. In addition, violations of the City Codes
and Ordinances will result in enforcement actions which may
include citations, arrest, temporary business closure, or revocation
of this permit in accordance with law.
PLN 7. On -site Security. The applicant shall be required to
provide private on -site security personnel a minimum of two hours
prior to opening hours and for three hours after closing.
PLN 8 Loitering. Patrons of the facility shall not be permitted
to loiter on the subject site or on adjacent parcels. On -site security
shall be responsible for monitoring and reporting incidents of
loitering.
PLN 14. Outside Storage Prohibited. No outside storage of any
kind shall be permitted except as approved as a part of the
proposed plan.
PLN 19. Outdoor Use. The applicant shall not be permitted to
provide any facilities (such as seating, misting systems, or shad
structures) outside of the tenant space shown on the approved floor
plan, nor may patrons be permitted to congregate outside of the
tenant spaces. 0
D. On February 7, 2018, and September 28, 2019, the City conducted review of the
CUP and the WITD compliance with the conditions of approval.
E. Because of increased citizen complaints and the issues arising from the
Property, on September 18, 2019, the City Council amended and added conditions to
the Conditions of Approval for CUP (Case 5.1419 CUP) to further protect the health,
safety and general welfare of the public and address the public complaints and
concerns arising from WITD, including but not limited to:
PLN 7. On -site Security. The applicant shall be required to
provide private on -site security personnel a minimum of one and
one-half (1-112) hours prior to opening hours and for one and one-
half (1-112) hours after closing.
PLN 22. Security Plan. A security plan, reviewed and approved by
the Police Department, shall be required to establish security protocol for
the use. The security plan shall address site lighting, security cameras,
and any other security features deemed necessary by the Police
Department. The security plan may be modified by the Police Department
at any point in the future based on any identified security concems.
Resolution No. 24920
Page 3
PLN 23. On -site Security. On -site security shall conform to the
minimum requirements identified in PSMC Section 5.52. On -site
security personnel shall be required to wear uniforms in accordance
with PSMC Section 5.52.100, or as may otherwise be approved by
the Police Department. The applicant shall provide the names of all
on -site security personnel to the Police Department and shall notify
the Police Department within forty-eight (48) hours of any changes
to the list of security personnel. (1019119 MK: Official security patrol
for before and after hours patrolling)
PLN 24. Quarterly Meetings. The applicant and the Police
Department shall be required to hold quarterly forums for area
residents and business owners in order to receive input on any
neighborhood security issues and discuss potential resolutions.
F. The following table summarizes WITD's non-compliance with certain conditions
from the conditions of approval for Case No. 5.1419 CUP:
#
Condition
Notes
ADM 10
Cause No Disturbance. The owner shall monitor
Nearby residents and business
outdoor parking areas, walkways, and adjoining
owners testified to incidents of
properties and shall take all necessary measures
loitering and criminal behavior,
to ensure that customers do not loiter, create noise,
included but not limited to
litter, or cause any disturbances while on -site. The
trespassing, theft, drug trafficking,
owner and operator shall ensure that at closing
destruction of real property,
time, all customers leave the property promptly
created unsanitary conditions due
and that the property is clean and secure before
to urination and defecation on
the owner/operator leaves the premises. The
adjoining properties.
Police Chief, based upon complaints and/or other
cause, may require on -site security officers to
Palm Springs Police Department
ensure compliance with all City, State, and
analysis identified an increase in
Federal laws and conditions of approval. Failure
the calls for service within the
to comply with these conditions may result in
service area around the WITD.
revocation of this permit, temporary business
• Overall calls for service within the
closure or criminal prosecution.
area have increased significantly
in 2020 when compared to the
statistics from 2019. Part of this
increase can be attributed to the
fact Police Department staff have
initiated more frequent patrols and
property inspections in the area.
However, there has been an
increase in the number of homeless
individuals in the area over the last
12 months.
Resolution No. 24920
Page 4
#
Condition
Notes
• The number of calls for service
that may be directly attributable
to homeless individuals also
increased significantly in 2020,
when compared to statistics from
previous years. There were 575
calls for service related to
homeless individuals in the period
from June 2019 to November
2019; this number increased to
794 calls for service between
December 2019 and May 2020,
and increased again to 924 calls
for service between June 2020
and November 2020.
PLN 8
Loitering. Patrons of the facility shall not be
Patrons of the facility are loitering
permitted to loiter on the subject site or on
on the adjacent parcels and
adjacent parcels. On -site security shall be
engaging in criminal behavior,
responsible for monitoring and reporting incidents
included but not limited to
of loitering.
trespassing, theft, drug trafficking,
destruction of real property,
created unsanitary conditions due
to urination and defecation on
adjacent properties.
PLN 14
Outside Storage Prohibited. No outside storage
WITD is conducting outside storage
of any kind shall be permitted except as
including chairs being stacked
approved as a part of the proposed plan.
outside the building near interior
courtyard space.
PLN 19
Outdoor Use. The applicant may be permitted to
WITD has placed EZ-ups adjacent
provide certain facilities (such as seating, misting
to the patio cover to cover clothing
systems, or shade structures) outside of the tenant
racks and tables with pre -
spaces shown on the approved floor plan, subject
packaged food items, water jugs,
to approval by the City Council. The outdoor
etc. as such these spaces are not
facilities and shade structures shall only be used
being utilized for seating misting
while social -distancing protocols are in place, or
systems or shade structures.
during periods of extreme weather, as identified
in Condition #PLN 1. Patrons shall not be allowed
to congregate or loiter in the outside spaces on
site when the facility is closed, and the outdoor
courtyard area shall be illuminated at night so as
to prevent loitering. Signage shall be posted in
the courtyard area relative to the prohibition
against loitering, which shall be reviewed and
approved by staff.
I
Resolution No. 24920
Page 5
#
Condition
Notes
PLN 23
On -site Security. On -site security shall conform to
The security personnel are not
the minimum requirements identified in PSMC
consistently wearing uniforms while
Section 5.52. On -site security personnel shall be
performing the on -site security.
required to wear uniforms in accordance with
PSMC Section 5.52.100, or as may otherwise be
approved by the Police Department. The
applicant shall provide the names of all on -site
security personnel to the Police Department, and
shall notify the Police Department within forty-
eight (48) hours of any changes to the list of
security personnel.
G. Section 94.02.00.1 of the Palm Springs Zoning Code allows the revocation of a
Conditional Use Permit for noncompliance with any of the conditions set forth in
granting a CUP.
H. Additionally, Condition ADM 11, states "Grounds for Revocation. Non-compliance
with any of the conditions of this approval or with City codes and ordinances, State
laws; any valid citizen complaints or policing and safety problems (not limited to
excessive alcohol consumption, noise, disturbances, signs, etc.) regarding the operation
of the establishment; as determined by the Chief of Police or the Director of Building
and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition,
violations of the City Codes and Ordinances will result in enforcement actions which
may include citations, arrest, temporary business closure, or revocation of this permit in
accordance with law."
I. On March 25, 2021, the City Council held a duly noticed public hearing to
consider revocation or modification of Case No. 5.1419 CUP in accordance with
applicable law, when the Applicant and interested parties provided testimony. The City
Council voted to continue the public hearing to a date certain of April 22, 2021.
J. At the meeting on April 22, 2021, the City Council conducted a duly noticed
public hearing regarding the CUP, at which time all interested parties were afforded an
opportunity to provide testimony and evidence. Following such public hearing, the City
Council voted to revoke the CUP, effective June 30, 2021, to allow the WITD to
relocate.
K. On June 24, 2021, in accordance with applicable law the City Council conducted
a noticed public hearing to consider extending the revocation of the CUP, to be effective
September 30, 2021. At the hearing WITD was afforded an opportunity to address the
City Council and at which the City Council carefully reviewed and considered all the
evidence presented in connection with both hearings on the project, including, but not
limited to, the staff report, and all written and oral testimony presented. The WITD
representative was aware of the public hearing but did not appear or provide any
Resolution No. 24920
Page 6
testimony. The City Council voted to not extend the CUP past June 30, 2021, but
provided the City Manager with administrative authority to allow the CUP uses to
continue, not later than July 31, 2021, in order to ensure the health and safety of WITD
clients.
L. The decision to revoke a CUP involves enforcement actions by the City.
Pursuant to Section 15321 of the California Environmental Quality Act (CEQA)
Guidelines, such decisions are exempt from further CEQA review.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE:
SECTION 1. That the findings and determinations reflected above are true and correct,
and are incorporated by this reference herein as the findings, cause and foundation for
the action taken by and through this resolution.
SECTION 2. That the operational history for Conditional Use Permit, Case No. 5.1419
CUP, has demonstrated non-compliance with Condition of Approval Nos. ADM 10, PLN
8, PLN 14, PLN 19, and PLN 23, as provided in Recital G of this resolution.
SECTION 3. That the continued operation of a charitable institution under Conditional
Use Permit, Case 5.1419 CUP, presents a danger to the health, safety and general
welfare of the public based upon the facts and findings stated in this resolution.
SECTION 4. Based upon the foregoing, as well as all of the testimony and evidence
presented to the City Council, the City Council hereby revokes Conditional Use Permit,
Case 5.1419 CUP, without prejudice, and the Operator shall cease and desist all
charitable institution operations at the Property, effective on the date this resolution is
adopted.
ADOPTED THIS 8t" DAY OF JULY, 2021.
JUSTI CLIFTON, d4tY MANAGER
ATTEST:
Resolution No. 24920
Page 7
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. 24920 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 July 8, 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 2g day of 3� Iy... , zozl
Oony J. Melia, M C, qity Verk
ity of Palm SIbrings, California