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HomeMy WebLinkAbout24585RESOLUTION NO. 24585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.0707 CUP, A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A PHILANTHROPIC USE AT 1700 NORTH SAHARA ROAD. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Dolly Sinatra Lodge Order No. 2400 Sons of Italy in America ("Applicant") has filed a Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Zoning Code for the continued operation of a philanthropic organization within the existing building located at 1700 North Sahara Road, Zone P, Section 1. B. The Zoning Code permits philanthropic uses at the proposed site with the approval of a Conditional Use Permit, pursuant to Section 94.02.00(A)(2)(j) of the Palm Springs Zoning Code. C. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.0707 CUP was given in accordance with applicable law; and on February 27, 2019, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented, and voted 7-0-0 to recommend approval to the City Council. D. On April 3, 2019, a public hearing on the application for Case No. 5.0707 CUP was held by the City Council in accordance with applicable law. E. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. F. The proposed application is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines. G. In accordance with Section 94.02.00 (Conditional Use Permit) of the Zoning Code, the City Council finds as follows: a. 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; Resolution No. 24585 Page 2 Pursuant to Section 94.02.00(A)(2)(j) of the Palm Springs Zoning Code, a philanthropic use is permitted by Conditional Use Permit at 1700 North Sahara Road. b. 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, Located at the corner of Vista Chino (Highway 111) and Sahara Road, the use would continue to operate within the existing building and promote philanthropy in the community. The proposed service use will be accessible to both local and regional residents and assist with the balance of land uses in the City, in accordance with the goals of the General Plan Land Use Element. With the Conditions of Approval stated in Exhibit A of this report, the development and operation of the proposed use will not create detrimental effects on the site and its vicinity. C. 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 site has been operating since 1997, when the property was converted from a single-family residence to a meeting hall. The building will continue to serve the needs of the intended use and a parking lot will provide additional parking for its operation. Staff will review the landscape plan to ensure conformance to Zoning Code requirements as it relates landscape improvements necessary to adjust the use to the neighborhood. Therefore, the site provides sufficient space for adjustments needed to accommodate the philanthropic use. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The project site is located on the corner of Vista Chino (Highway 111) and Sahara Road. Vehicular access is provided from Sahara Road, which is improved for two-way traffic and on -street parking. Public transit is available off of Vista Chino. The philanthropic use will generate insignificant impacts to these streets, as previously demonstrated by its operation at this location. e. 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 may include minor modification of the zone's property development standards. Resolution No. 24585 Page 3 Conditions of Approval will be imposed to ensure that the health, safety, and welfare of the public will not be adversely affected by the use. The conditions, which are stated in Exhibit A of this report, include stipulations in various aspects of the proposed land use that include, but are not limited to compliance with the Noise Ordinance. 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. The proposed application is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines. SECTION 3. The City Council hereby approves Conditional Use Permit Case No. 5.0707 CUP, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED THIS 3RD DAY OF APRIL, 2019. David H. Ready, Esq.,, City Manager ATTEST: Resolution No. 24585 Page 4 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. 24585 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 the 3rd day of April, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon 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 day of �, , ?_o,fa —i'Xi-1 ---- �\ — thony J. e'ia, M City Clerk RESOLUTION NO. 24585 EXHIBIT A Case 5.0707 CUP Dolly Sinatra Lodge No. 2400 Sons of Italy 1700 Sahara Road April 3, 2019 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. Except as modified by the conditions below, this approval authorizes philanthropic meeting hall within the existing building located at 1700 Sahara Road. ADM 2. Reference Documents. The improvements and operation shall be in accordance with the approved plans date stamped July 30, 2018 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, lessee, applicant and successors and assigns (collectively "applicant") 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 5.0707 CUP. The City of Palm Springs will promptly notify the applicant of any Resolution No. 24585 Conditions of Approval 5.0707 CUP — Sons of Italy Page 2 of 4 April 3, 2019 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. Time Limit on Commencement of Use. The time limit for commencement of the use authorized by this conditional use permit shall be two (2) years from the effective date of approval. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the commission authorizing the permit. ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded. ADM 8. Cause No Disturbance. The owner shall monitor 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 9. 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 the law. ADM 10. Comply with City Noise Ordinance. This use and property shall comply with the provisions of Chapter 11.74 (Noise Ordinance) of the Palm Springs Resolution No. 24585 Conditions of Approval 5.0707 CUP — Sons of Italy Page 3 of 4 April 3, 2019 Municipal Code. Violations may result in revocation of this Conditional Use Permit (CUP). Ordinance Time of Day Ordinance dBA Limits 7:00 AM to 6:00 PM 60 6:00 PM to 10:00 PM 55 10:00 PM to 7:00 AM 50 ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1. Hours of Operation. The business may operate between the hours of 6:00 a.m. and 10:00 p.m., seven (7) days a week. Any future modifications to the hours of operation shall require an amendment to this CUP. PLN 2. Entertainment and Amplified Noise. Entertainment/music shall be permitted within the building; however, this CUP does not authorize any outdoor live entertainment or amplified noise. No modifications to the noise level limits or other provisions of Chapter 11.74 (Noise Ordinance) of the Palm Springs Municipal Code are authorized by this CUP. PLN 3. Sign Permits Required. No signs are approved by this action. All signs, including temporary signs, shall be reviewed and approved in accordance with Section 93.20.00 (Signs) of the Palm Springs Zoning Code (PSZC). No signs shall be installed without sign permits PLN 4. Outside Storage Prohibited. No outside storage of any kind shall be permitted. PLN 5. Parking Lot. The parking lot shall be constructed to accommodate parking per the approved site plan. Final landscaping, irrigation, lighting and wall/fencing plans shall be submitted for approval by the Planning Department prior to issuance of building permit. PLN 6. Landscaping_ Staff will review the landscape plan to ensure conformance to Zoning Code requirements as it relates to landscape improvements necessary to provide required screening, buffers, and shade. BUILDING DEPARTMENT CONDITION BLD 1. Construction Permits. Prior to any construction on -site, all appropriate permits must be secured. Resolution No. 24585 Conditions of Approval 5.0707 CUP — Sons of Italy POLICE DEPARTMENT CONDITIONS Page 4 of 4 April 3, 2019 POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. POL 2. The operator shall work with the Police Department to amicably resolve complaints related to the business operations at this property. END OF CONDITIONS