HomeMy WebLinkAbout24766RESOLUTION NO. 24766
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDMENT TO THE CONDITIONS OF APPROVAL FOR
THE WELL IN THE DESERT FACILITY, LOCATED AT
441 SOUTH CALLE ENCILIA, ZONE LSC (APN: 508-094-015).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City Council approved a Conditional Use Permit for the operation of the
Well in the Desert facility at 441 S. Calle Encilia on June 21, 2017 (Case 5.1419 CUP); and
B. Arlene Rosenthal, on behalf of the Well in the Desert organization, has filed an
application to amend the conditions of approval for the Conditional Use Permit to allow
the installation of a shade structure and misting system on the property; and
C. Notice of a public hearing of the City Council of the City of Palm Springs to consider
an amendment to the conditions of approval for Case 5.1419 CUP was given in
accordance with applicable law; and
D. On June 11, 2020, a duly noticed public hearing on the proposed Conditional Use
Permit amendment was held by the City Council in accordance with applicable law, and
by a vote of 5 to 0, the City Council approved the proposed amendment; and
E. The proposed Conditional Use Permit amendment is categorically exempt from
further review per the State CEQA Guidelines (California Code Regulations §1500 et
seq.). The proposed modification to the conditions of approval of the existing facility is
an administrative activity which will not result in a direct or reasonably foreseeable indirect
physical change to the environment (§15060(c)(2)]. Furthermore, the approval of the
proposed shade structure that is the subject of this request is defined as a ministerial
activity, and is therefore exempt pursuant to §15300.1; and
F. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Conditional Use Permit amendment,
including, but not limited to, the staff report, and all written and oral testimony presented;
and
G. The City Council hereby finds the following relative to the approval of the proposed
Conditional Use Permit amendment:
1. That the proposed amendment is consistent with the original findings for the
approval of Case 5.1419 CUP, as identified and listed in Resolution No. 24253;
and
2. That the proposed structure allowed under this amendment is consistent with
the applicable development standards of the Palm Springs Zoning Code, and
that the use is consistent with the CBD (Central Business District) designation
Resolution No. 24766
Page 2
of the City of Palm Springs General Plan; and
3. That the proposed amendment is necessary to protect the health and safety of
Well in the Desert patrons, as well as to protect the public health, safety and
general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
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.
SECTION 2. That proposed Conditional Use Permit amendment is categorically
exempt from further review per the State CEQA Guidelines (California Code Regulations
§1500 et seq.). The proposed modification to the conditions of approval of the existing
facility is an administrative activity which will not result in a direct or reasonably
foreseeable indirect physical change to the environment [§15060(c)(2)]. Furthermore, the
approval of the proposed shade structure that is the subject of this request is defined as
a ministerial activity, and is therefore exempt pursuant to §15300.1.
SECTION 3. That the City Council approves this Conditional Use Permit
amendment (Case 5.1419 CUP) with conditions as outlined in attached Exhibit "A."
ADOPTED THIS 11TH DAY OF JUNE, 2020.
DAVID H. READY
CITY MANAGER
ATTEST:
A ONY J. EJIA,
CITY CLERK
Resolution No. 24766
Page 3
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. 24766 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 June 11, 2020, by the following
vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and
Mayor Kors
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 2S41" day of ", , r� r _e.
Aat�ony J. ejia,
City Clerk
RESOLUTION NO. 24766
EXHIBIT A
Case 5.1419 CUP
Well in the Desert
Address: 441 South Calle Encilia
June 11, 2020
REVISED 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 Director of Building
and Safety, 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. Project Description. This approval authorizes the Well in the Desert, a
charitable institution, to provide services to homeless individuals within an
existing building located at 441 S Calle Encilia, except as modified with the
approved the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the plans submitted in conjunction with this application and
maintained 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
Resolution No. 24766
Conditions of Approval
5.1419 CUP — Well in the Desert at 441 S Calle Encilia
Page 2 of 7
June 11, 2020
5.1419 CUP. 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.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including and
without limitation all structures, 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 7. Time Limit on Commencement of Use. The time limit for commencement of
the operation authorized by this conditional use permit shall be prior to the term
limit imposed in Condition of Approval No. PLN 1 below.
ADM 8. Revocation or Voiding of Conditional Use Permit. Approval of this Conditional
Use Permit is subject to all terms and conditions outlined herein and pursuant
to Zoning Code Section 94.02.00(I).
ADM 9. Public Art Fees. This project is excepted from paying public art fees as a
nonprofit social service, pursuant to Section 3.37.050(b)(4) Palm Springs
Municipal Code.
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
Resolution No. 24766
Conditions of Approval
5.1419 CUP — Well in the Desert at 441 S Calle Encilia
Page 3 of 7
June 11, 2020
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 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.
ADM 12. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the City Council's
decision on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Exemption. Action on this application shall not be
considered final until such fee is paid.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Hours of Operation. The operating hours shall be limited to 7:30 A.M. until 6:00
P.M. daily. The hours of operation may be extended to 8:00 p.m. during periods
of extreme weather, including the following:
• Extreme heat (defined as temperatures in excess of the average daily
high temperature);
• Extreme cold (defined as temperatures below the average daily low
temperature); or
• Excessive precipitation (defined as rain or other precipitation in excess
of daily norms).
No overnight occupancy shall be permitted. Any modifications to the hours of
operation shall require an amendment to this Conditional Use Permit.
PLN 2. Changes in Operation. The applicant shall notify the Director of Planning
Services in writing 30 days in advance of any changes in the operation of
Resolution No. 24766
Conditions of Approval
5.1419 CUP — Well in the Desert at 441 S Calle Encilia
Page 4 of 7
June 11, 2020
business. Any transference of this Conditional Use Permit upon change of
ownership is subject to review and approval by the City.
PLN 3. Maximum Number of Occupants.
exceed the following limits:
• Suite #3: 19 persons
Occupancy of the tenant spaces shall not
• Suite #4: 6 persons
• Suite #5: 17 persons
The occupancy limits listed above include both patrons and staff members, and
shall remain as listed unless otherwise amended by the Director of the Building
& Safety Department.
PLN 4. Permitted Services. The applicant shall be permitted to maintain a cooling
center (seasonal) and drop -in center (year round) with associated activities for
homeless individuals, offer counseling services, offer employment services,
offer case worker support, and maintain general administrative office functions.
No other services shall be offered, unless an amendment to this Conditional
Use Permit is approved pursuant to the procedures identified in PSZC Chapter
94.
PLN 5. Food Service. The applicant is prohibited from providing meal service to
patrons at the facility. Meal service may be provided at approved off -site
locations. While meal service is prohibited, water, soft drinks, and pre-
packaged food items may be provided to patrons while using the facility.
PLN 6. Distribution of Food and Other Commodities. No mass distribution of food,
clothing or other similar commodities is permitted at the subject site.
PLN 7. On -site Security. The applicant shall be required to provide private on -site
security personnel a minimum of one and one-half (1-1/2) hours prior to
opening hours and for one and one-half (1-1/2) hours after closing hours.
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 9. Lighting. The applicant shall be required to provide and maintain adequate
lighting at all entrances and stairwells in the office complex. Building entrances
and stairwells shall remain illuminated between sunset and sunrise.
PLN 10. 24-Hour Contact Number. The applicant shall be required to maintain a 24-
hour contact number visible and available to the public to report any
disturbances or issues related to the facility.
PLN 11. Additional Maintenance Requirements. The applicant shall assure that the
vacant units within the subject office complex are adequately boarded and
Resolution No. 24766
Conditions of Approval
5.1419 CUP — Well in the Desert at 441 S Calle Encilia
Page 5 of 7
June 11, 2020
secured to prevent trespassing or occupation by homeless individuals. In
addition, the applicant shall ensure that the subject property shall be
maintained in accordance with the requirements of PSZC Section 93.19.00.
PLN 12. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 13. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
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 15. No off -site Parking. 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. Bicycle Parking. The project shall be required to provide secure bicycle parking
facilities on site for use by patrons and employees. Location and design shall
be approved by the Director of Planning.
PLN 17. Review Period. After eighteen (18) additional months of operation (March
2021), the Conditional Use Permit shall be reviewed at a public hearing of the
City Council, at which time the City Council shall review conformance to the
conditions of approval and other issues associated with the operation of the
use.
I e ef19616ineeeaGh day. The Fe9i6teF 6hall be Fnade available to Gity 6taff
(Condition eliminated by City Council on 9118119)
PLN 19. Outdoor Use. The applicant shall Rot he may be permitted to provide
certain facilities (such as seating, misting systems, or shade structures) outside
of the tenant spaces shown on the approved floor plan,
subject to approval by
the City Council. The outdoor facilities and shade structure shall only be used
while social -distancing protocols are in place, or 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.
Resolution No. 24766
Conditions of Approval
5.1419 CUP — Well in the Desert at 441 S Calle Encilia
Page 6 of 7
June 11, 2020
PLN 20. Fire Prevention — Suite 3 and Suite 5. The applicant shall be required to comply
with the reasonable directives of the applicable fire prevention requirements as
determined by the City Attorney and the Fire Marshal, now defined as follows:
a. Interior Configuration. The door and casing between Suite 3 and Suite 5
shall be removed, and the opening shall be increased to a minimum of four
(4) feet clear.
b. Doors for Ingress/Egress. The doors for ingress to and egress from Suites
3 and 5 shall be modified, as necessary, to swing only to the exterior of the
building.
PLN 21. Expansion of Tenant Space. Any expansion of the tenant space into any
adjacent tenant spaces not currently described by the approved floor plan shall
require the submittal of a new Conditional Use Permit application, subject to
the review process identified in PSZC Section 94.02.00. The City hereby
agrees to waive the Conditional Use Permit application fee for any expansion
on the subject property.
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 concerns.
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. (10/9/19 MK: Official security patrol for before and
after hours patrolling)
PLN 24. Quarterly Meetings and Reporting. 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. The Police Department shall provide monthly
reports to the City Manager on calls for service in the area of the facility.
POLICE DEPARTMENT CONDITIONS
POL 1. The applicant shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
Resolution No. 24766
Conditions of Approval Page 7 of 7
5.1419 CUP — Well in the Desert at 441 S Calle Encilia June 11, 2020
POL 2. The operator shall work with the Police Department to amicably resolve
complaints related to the operations at this property.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Construction Permits. Prior to any construction on -site, all appropriate permits
must be secured.
FIRE DEPARTMENT CONDITIONS
FID 1. The applicant will comply with all requirements of the Palm Springs Fire
Department.
END OF CONDITIONS