HomeMy WebLinkAbout24805RESOLUTION NO. 24805
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL
FILED BY SIMON CRE SUMMIT III, 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 III, LLC. ("Applicant") representing 7-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(D)(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:
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
Resolution No. 24805
Page 2
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.
1
David H. Ready, City:er
ATTEST:
nthony J.Poa_�erk
Resolution No. 24805
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. 24805 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 October 8, 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 16+- day of OCJ Oe✓ , 202o
nthony J. M Cit
City of Palm pings, California