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HomeMy WebLinkAbout24834RESOLUTION NO. 24834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MULTI-USE AND CONDITIONAL USE PERMITS ALLOW THE CONSTRUCTION OF A 5,343-SQUARE FOOT GROCERY STORE (CASE 5.1511 CUP) AND ACCOMPANYING FUELING STATION (CASE 5.1514 CUP) LOCATED AT 3299 NORTH INDIAN CANYON DRIVE, ZONE C-1, SECTION 3 THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Tower Real Estate Holdings, LLC. ("Applicant") representing Tower Market has filed an application for an amendment to the College Park Specific Plan to change the land use designation to Mixed Use/Multi-Use (resulting in the equivalent to a Change of Zone to General Commercial (C-1)), and a Conditional Use Permit (Case 5.1511 CUP) to allow the construction of a 5,343-square foot neighborhood market, and accompanying fueling station (Case 5.1514 CUP) located at 3299 North Indian Canyon Drive. (This application, Cases 5.1511 CUP and 5.1514 CUP, is referred to herein as the "Project".) B. On April 20, 2011, the City Council adopted Ordinance #1789 establishing the College Park Specific plan along with guidelines for the proposed ten (10) individual planning areas; and the Final Environmental Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring program for a 510-acres located West of Indian Canyon Drive and East of Highway 111, and West San Rafael Road. C. On August 6, 2020, the City Council adopted Ordinance #2028 adding Section 92.29.00 to the Palm Springs Zoning Code establishing a Food Desert Overlay Zone to encourage the development of grocery store uses in underserved areas. The Ordinance provides a streamlined review process for applications requiring a Conditional Use Permit. D. On September 9, 2020, the Planning Commission held a public hearing to consider the Project in accordance with applicable law and voted 6-0 to recommend denial of the specific plan amendment and to deny the CUP application because the Commission could not make the required findings. E. A City Councilmember initiated a review of the Planning Commission's decision, pursuant to Palm Springs Municipal Code Section 2.06.030, on September 15, 2020 seeking review of the Project application by the City Council. F. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Project was given in accordance with applicable law. Resolution No. 24834 Page 2 G. On November 12, 2020, the City Council of the City of Palm Springs, California, considered the Project to discuss the Planning Commission's decision to deny/recommend denial of the Project, and voted to continue the discussion to a date certain of December 10, 2020 and formed a sub -committee of Council Members Garner and Woods to meet with the applicant. H. On November 24, 2020 the City Council Sub -Committee along with Staff met with the applicant and compiled a set of project specific conditions to be considered at the December 10, 2020 Council meeting. I. On December 10, 2020, the City Council of the City of Palm Springs, California, considered the Project to discuss the Planning Commission's decision to deny/recommend denial of 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. J. The proposed project is considered a "project" pursuant to the terms of the California Environmental Act ("CEQA") and an Environmental Impact Report was prepared and certified by the City Council on April 20, 2011 in conjunction with the adoption of the College Park Specific Plan to include a Final Environmental Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring program for the area slated for development. The City Council finds that the Environmental Impact Report continues to adequately identify and address the environmental impacts of the Project. K. Pursuant to Section 94.07.00 (A) of the Palm Springs Zoning Code (PSZC) for a an Amendment to the College Park Specific Plan, the City Council finds: 1. The proposed specific plan amendment/change of zone is in conformity with the general plan map and report. The proposed specific plan amendment from Multi -Family Residential to Mixed Use/Multi-Use will allow the grocery store and fueling station uses to be consistent with the amended General Plan Land Uses of Mixed Use/Multi-Use. In addition, the proposed use will allow a grocery store to locate within the Food Desert Overlay Zone. The subject property before the College Park Specific Plan (CPSP) was adopted had a land use designation of Mixed Use/Multi-Use. Approving the CUP will return the parcels to a land use designation and zoning category that was previously assigned before the CPSP was adopted and the finding has been met. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The subject vacant property is located along a Major Thoroughfare with Resolution No. 24834 Page 3 ingress/egress off three (3) streets. The site will be comprised of three lots merged to form a 2.59-acre lot which is suitable in size to accommodate the proposed use. The grocery/convenience store and fueling station will have sufficient maneuvering room for guest vehicles as well as delivery and refueling trucks. The site is across the street from a light industrial park, with residential communities in the immediate area that will benefit from the services provide and the finding has been met. 3. The proposed specific plan amendment/change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The proposal is intended to provide a grocery store in an underserved area which is considered a Food Desert. The Food Desert Overlay Zone (FD) encourages bona fide grocery stores to be located within Census Tracts where the median household income is below the median household income for the City as a whole; and the poverty level for the census tract is fifteen (15%) percent or greater. The City Council determines that the proposal as submitted is necessary and proper because the proposal will provide a "bona fide"/qualifying grocery store based upon the percentages and types of foods to be sold in the store. The Council finds that the proposed project sells a full line of fresh produce, meats, dairy, and other items for which the FD Overlay was intended. L. Pursuant to Section 94.02.00 to the Palm Springs Zoning Code for a Conditional Use Permit the City Council finds: That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. PSZC Sections 92.29.00, and 92.12.01(D)(6) & (11) allows for a grocery store in the Food Desert Overlay Zone along with a convenience store and fueling station, subject to the development standards contained in Section 92.12.03; in addition the PSZC provides guidelines for automobile service stations per Section 93.23.01. The proposed construction of a 5,323-square foot grocery /convenience store with twelve (12) pump fueling island within the Mixed Use/Multi-Use specific plan designation (having the equivalent of C-1 zoning) is a permitted use with the approval of a Conditional Use Permit. 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 City Council determines that the proposed grocery store and fueling station will meet the intended goals of the MU designation because the project would bring a "bona fide"/qualifying grocery store to the immediate area, in which there is currently none. This will provide a useful and desirable service not currently being offered within the immediate area and the finding has been met. Resolution No. 24834 Page 4 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project site is located within the College Park Specific Plan which is intended to provide a specific regulatory structure for land use and development in the planning area. The proposed grocery retail with fuel station on a 2.59-acre lot is flat with frontage along North Indian Canyon Drive with access from West San Rafael Road and West Santa Catalina Road. Ingress/egress will be from three (3) main driveways from the major thoroughfare and secondary streets. The construction of a new 5,343-square foot grocery retail store and twelve (12) pump fueling station includes adequate parking and maneuvering for vehicles visiting the site. The building design is Spanish inspired with low pitched roofs, column archways, clay barrel tile roof material and decorative iron exterior lights. Specific materials proposed include exterior walls to be a 3 coat cement plaster in an off- white color, precast colored concrete round columns, clay barrel tiles to be 2-piece in a four color blend, exposed dark wood timbers, arcade ceilings to be lighter colored wood, and aluminum frame windows in a dark brown. The entrance to the store is through an arcade with three archways which is part of a vaulted ceiling that runs from the exterior to the interior. The front fagade is east facing, and the extended roof eaves will provide shading and solar control. The fuel canopy will have a height of 16'-6" with metal support posts and pre -cast colored concrete blocks at the base. Color of the structure to be an off-white to match the main building. The landscape plan will utilize a variety of desert landscaping and meet all required standards. Based upon the proposed site plan and building design the finding has been met. 4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The flat 2.59-acre site located at the corner of a traffic controlled signalized major road intersection with three (3) entry driveways properly designed to meet City standards in distance from intersections, and width. The grocery store will be placed toward the back of the lot with the fuel canopy sited in front. Pedestrian access will be provided via new sidewalks along the entire street frontage plus walkways leading into the site. A traffic analysis was prepared and the site was deemed adequate to accommodate expected impacts. The signalized intersection of North Indian Canyon Drive and West San Rafael Road will be sufficient to handle anticipated vehicle movements and based upon this determination the finding has been met. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and Resolution No. 24834 Page 5 may include minor modification of the zone's property development standards. The conditions imposed as part of this Conditional Use Permit are intended to minimize impacts on the surrounding community. The CUP approval includes a set of Conditional of Approval that will act as the framework to the orderly development of the site. A site, grading, landscape and associated plans are part of the CUP approval and will allow a retail development that services the local community and the finding has been met. M. Pursuant to Section 92.29.00 of the Palm Springs Zoning Code relative to the Food Desert Overlay Zone, the City Council makes the following findings with respect to the following goals: 1. Assist in implementing Goal LU1 of the Land Use Element of the City of Palm Springs General Plan by encouraging a balance of land uses within neighborhoods and providing positive economic results: The City Council determines that because the intended use would bring a "bona fide"/qualifying grocery store to the immediate area, it would result in a proper balance of land uses and not result in an overconcentration of convenience store/fueling stations in the immediate area. This will provide positive economic benefits as well as public health benefits to the area as a more diverse palate of food choices will be available, which is the purpose of the Food Desert Overlay. 2. Provide high -quality sustainable commercial development in underserved neighborhoods as supported by Goal LU4 of the Land use Element of the General Plan. The Food Desert Overlay Zone is intended to encourage the development of a "bona fide"/qualifying grocery store within the immediate area. The City Council determines that the proposal as submitted provides a "bona fide" grocery store based upon the percentages and types of foods to be sold in the store. The Council finds that the proposed project is more than just a "convenience store" and sells a full line of fresh produce, meats, dairy and other items for which the FD Overlay was intended. 3. Encourage the development of grocery store uses in existing commercial area as currently permissible under Chapter 92 of the PSZC. The proposed development of a 5,343-square foot grocery/convenience store with fueling station will meet the definition of a "bona fide"/qualifying grocery store which provides access to fresh food to include fruits, vegetables, dairy and other household items. The immediate neighborhood and other residents and visitors to the northern portion of the City will benefit from the new project. The City Council determines that the proposed project will provide a public health benefit to Resolution No. 24834 Page 6 the immediate neighborhood by providing a "bona fide" grocery store, therefore the goal has been met. 4 Promote public health and welfare by improving access to healthy affordable food. The proposed Project will be accessible from the public streets of West San Rafael Road, West Santa Catalina and North Indian Canyon Drive. This will promote public health by providing safe and handicapped accessible walkways leading to the store. Based upon the assortment of products to be sold in the new market the City Council finds that the project is a "bona fide"/qualifying grocery store selling a full line of fresh produce, meats, and dairy and other items. The City Council determines based upon interior floor plans provided that the store's focus will be healthy affordable food offerings and the goal can be met N. Pursuant to Section 94.04.00(D) of PSZC, Architectural Review, specific aspects of design shall be examined to determine whether the proposed development will provide desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and colors. Conformance is evaluated based on consideration of the following: 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 areas; The proposed grocery store and fueling station is located on a vacant site that is located at the intersection of two major streets. The new structures will be constructed at the appropriate setbacks and meet building height limitations and be similar in size and scale to industrial buildings in the immediate area. Access to the site will be via three (3) new driveways from West San Rafael Road, West Santa Catalina Road, and North Indian Canyon Drive. Pedestrian access to the site is from new sidewalks to be constructed on all three (3) street frontages with walkways leading onto the site. 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 proposed construction of a new 5,343-square foot grocery store and fueling station at this prominent corner is suitable for this type of development and will be compatible with surrounding industrial uses. The building design is Spanish inspired with low pitched roofs, column archways, clay barrel the roof material and decorative iron exterior lights. Specific materials proposed include exterior walls to be a 3 coat cement plaster in an off-white color, precast colored concrete round columns, clay barrel tiles to be 2-piece in a four color blend, exposed dark wood Resolution No. 24834 Page 7 timbers, arcade ceilings to be lighter colored wood, and aluminum frame windows in a dark brown. The proposed materials and design will provide variety in the style and therefore, the project will have a harmonious relationship within the context of the immediate area and avoid monotonous repetition. 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 proposed grocery store is to be placed at the rear of the site with the fueling canopy sited in the middle of the parcel with off-street parking providing twenty- seven (27) parking spaces located on the perimeter of the site. All setbacks to buildings and structures are conforming to the PSZC. The maximum building height will be 23'-8" feet with a parapet fully screening all equipment from view and the finding has been met. 4. Building design, materials and colors to be sympathetic with desert surroundings, - AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, The building design is Spanish inspired with low pitched roofs, column archways, clay barrel tile roof material and decorative iron exterior lights. Specific materials proposed include exterior walls to be a 3 coat cement plaster in an off-white color, precast colored concrete round columns, clay barrel tiles to be 2-piece in a four color blend, exposed dark wood timbers, arcade ceilings to be lighter colored wood, and aluminum frame windows in a dark brown. The entrance to the store is through an arcade with three archways which is part of a vaulted ceiling that runs from the exterior to the interior. The front fagade is east facing, and the extended roof eaves will provide shading and solar control. The fuel canopy will have a height of 16'-6" to the bottom of the canopy, narrow the metal support posts and pre -cast colored concrete blocks at the base. Color of the structure to be an off-white to match the main building. The buildings design will be of good composition and the finding has been met. 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, The vacant parcel is currently void large vegetation and the new landscape plan shows extensive planting along the street frontages with large trees, such as Palo Verde and Tipu for shading of the parking areas; Date and Mediterranean Palm trees throughout the site, and an assortment of medium sized shrubs such as Texas Ranger, Regal Mist, and smaller shrubs to include Bougainvillea, Little John, Resolution No. 24834 Page 8 Lantana, and accents like Century Plants, Agave, Red Yucca. Several water retention areas will be lined with Y2 inch crushed rock in a brown color and other ground cover to be '/4 inch decorative rubble. A six (6') foot tall masonry wall is proposed around the perimeter of the site along with shade and palm trees to act as a buffer. The use of desert appropriate plants is appropriate for the site and the finding has been met. 8. Signs and graphics, as understood in architectural design including materials and colors No signage is proposed at this time. 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. SECTION 2. Based upon the foregoing, the City Council hereby approves Cases Nos. 5.1511 CUP and 5.1514 CUP for the construction of a 5,343-square foot grocery store and fuel station located at 3299 North Indian Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 10th day of December, 2020. ATTEST: DAVID H. READY, C AGER Resolution No. 24834 Page 9 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. 24834 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 December 10, 2020, by the following vote: AYES: Councilmembers Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: Councilmember Garner 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 day of P&Mony J. Mejia, M , City of Palm Spri gs, California