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Home My WebLink About25027RESOLUTION NO. 25027 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA APPROVING THE APPEAL BY GEORGE YOUSEF, (DBA: PALM SPRINGS CAR WASH) OF THE PLANNING COMMISSION ,DENIAL DECISION AND APPROVING A CONDITIONAL USE PERMIT. (CUP) TO ALTER THE -HOURS FOR OFF -PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. (CASE 5.1461 CUP) THE CITY COUINCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. George Yousef, Owner, (DBA: Palm Springs Car Wash) ("Applicant") has filed an amendment to an approved Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) and the Section 14 Specific Plan to alter the hours for off -premises sale of alcohol beverages by two (2) hours as an ancillary use to a retail store as part of a full service car wash located at 300 North Indian Canyon Drive, Zone REO, Section ' 14, APN#: 508-031-014. B. On March 23, 2022, and April 13, 2022, a public hearing on the application to consider Case 5.1461 CUP was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 5-1 to deny the application based on not being able to make findings #2 and #3 that the proposed use is necessary or desirable for the development of the community and in harmony with the various elements of the general plan. C. On April 21,, 2022, George Yousef, Owner filed an appeal to the City Council of the April 13, 2022, Planning Commission's decision to deny Case 5.1461 CUP in accordance with applicable law. D. A notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1461 CUP was given in accordance with applicable law. E. On May 26, 2022, the City Council of the City of Palm Springs, California, held a public hearing on the Planning Commission decision to deny Case 5.1544 CUP, in accordance with applicable law. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff I report, and all written and oral testimony presented. G. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") and has been determined to be Resolution No. 25027 Page 2 Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines. I H. Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that the following five conditions be met in order to approve a Conditional Use Permit. The City Council made the following findings relative to this use: 1. 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. Pursuant to Section 14 Specific Plan the off -premises sale of alcohol as an ancillary use to an existing food and beverage business is permitted with the approval of a Conditional Use Permit. The amendment to increase sale hours will not change the original intent of the Conditional Use Permit and the finding has been met. In addition, Section 93.23.01(m) of the PSZC permits liquor sales as and ancillary use to a service station with security measures in place as listed in the attached conditions of approval. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of 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 in the Retail -Entertainment -Office land use category in the Section 14 Specific Plan and across the street from the Central Business District along North Indian Canyon Drive the proposed sale of off -premises alcohol as an ancillary use to the main retail store is consistent with other service -oriented land uses found in the neighborhood. The convenience use is harmonious with the objectives of the Section 14 Specific Plan by focusing activity servicing residents and tourists along North Indian Canyon Drive which is separate but linked to downtown Palm Springs. With the amended Conditions of Approval stated in Exhibit A of this report, the development and operation of the off -premises sale of alcohol with increased hours will not create detrimental effects on the site and its vicinity with measures in place, such as providing security and limiting access into the business after midnight. With these measures in place the project will be harmonious with the neighborhood and the finding has been met. 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 subject site was built in the early 1950's has operated as a fueling service ' station for many years. The updated car wash waiting room and retail store Resolution No. 25027 Page 3 equaling 975-square feet within the larger automobile service center conforms to ' the development standards of the REO zone in'terms of setbacks and building height. The retail space is adequate for the off -sale alcohol beverage sales and will be located within the 975-square foot space. The existing parking lot provides adequate off-street parking including the available stacking for the car wash and,the'finding has been met. 4. 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 at the corner of North Indian Canyon Drive which is a designated Major Thoroughfare as identified in the Circulation Element'of.-the Palm Springs General Plan and the intersecting Amado Road. Both ;streets provide access to the corner site. The existing auto fuel pumps, vehicle repair shop and car wash are well integrated, and the site circulation provides good access to adjacent streets. The impact of the proposed increase in sale hours for off -premises consumption of alcohol is an ancillary use to the main car wash retail store will not have a significant effect on adjacent streets. 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 may include minor modification of the zone's property development standards. Conditions of Approval will be imposed to ensure that the health, safety, and welfare of the public will not be adversely affected by the proposed off -premises sale of alcohol as part of a retail store with increased hours from 6:00 AM to 2:00 AM. The conditions, which are stated in Exhibit A of this report, including requirements providing security measures. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the City' Council of the City of Palm Springs approves the appeal to overturn the denial decision of the Planning Commission and approves the project subject to the conditions of approval included in Exhibit A, for a two (2) hour extension of alcohol sales until 2:00 AM daily at the Palm Springs Car Wash located at 300 N Indian Canyon Way, Zone CBD. Resolution No. 25027 Page 4 ADOPTED THIS 26TH DAY OF MAY, 2022. , JUSTI CLIFTON CITY MANAGER ATTEST: MONQLJE M. LOMELI, CIVIC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby ' certify that Resolution No. 25027 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 26th day of May 2022, by the following vote: AYES: Councilmembers Holstege, Mayor Pro Tern Garner, and Mayor Middleton NOES: Councilmember Woods ABSENT: Councilmember Kors ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this � day of .�/� MOqPUE M. LOMELI, CMC INT IM CITY CLERK FIB