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HomeMy WebLinkAbout25273RESOLUTION NO. 25273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA DENYING THE APPEAL BY PETER MORUZZI AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO CERTIFY A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) INCLUDING THE ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATIONS AND THE APPROVAL OF A MAJOR DEVELOPMENT PERMIT FOR A 739,360-SQUARE FOOT WAREHOUSE AT THE NORTHWEST CORNER OF NORTH INDIAN CANYON DRIVE AND 19T" AVENUE (CASE 3.4361 MAJ). A. PS Canyon Development, LLC, ("Applicant") submitted an application with the City pursuant to Section 94.04.01 of the Palm Springs Zoning Code for a Major Development Permit Application for the construction of a 739,360-square foot warehouse fulfillment center on thirty-eight (38) acres. The application includes the certification of a Final Environmental Impact Report; Statement of Overriding Considerations and Facts and Findings; and adoption of a Mitigation Monitoring Program to meet the requirements of the California Environmental Quality Act (CEQA). B. On January 27, 2022, the City Council adopted Ordinance #2056 amending the Palm Springs Zoning Code Chapters 92 and 93 relative to the development standards for the M-2 and E-1 zones to allow warehouse/fulfillment centers as a by -right use. C. On December 4, 2024, a public hearing on the proposed Major Development Permit application and the certification of the final EIR, Statement of Overriding Considerations, and adoption of the Mitigation Monitoring Program was held by the Planning Commission in accordance with applicable law. D. On December 4, 2024, the Planning Commission reviewed and voted 4-0 (Weremiuk, Miller, Morrill, Murphy) to certify the Final Environmental Impact Report, adopt the Statement of Overriding Considerations, the Mitigation Monitoring Program, and approve a Major Development Permit as the project is in conformance with the General Plan and Zoning Ordinance. E. On December 9, 2024, Peter Moruzzi filed an appeal to the City Council of the December 4, 2024 decision to approve Case 3.4361 MAJ in accordance with applicable law. F. January 23, 2025, an appeal hearing on Case 3.4361 MAJ was held by the City Council in accordance with applicable law. G. An Environmental impact Report (EIR), State Clearing House #2023080091 has been prepared for the proposed "project". A Statement of Overring Considerations (SOC) has been prepared pursuant to the California Environmental Quality Act Guidelines ("CEQA"). The site is zoned M-2 and is a by -right use for an industrial warehouse and is in conformance with the General Plan and zoning, and no variances or exceptions are required. Resolution No. 25273 Page 2 H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the Final EIR prepared for the project and all written and oral testimony presented. I. Pursuant to Section 94.04.01 (Development Permit) of the Palm Springs Zoning Code, the City Council finds that, based upon the following factors, the proposed project will provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments: 1. The proposed project is consistent with the General Plan and any applicable specific plan; The development proposes the construction of a 739,360-square foot warehouse building located in an area designated as Industrial (IND) per the General Plan (GP) with a corresponding zoning classification of M-2 (Industrial). This land use designation typically includes research and development parks, light manufacturing, laboratories, warehouses, and industrial services. The project as proposed is a by -right use in the M-2 zone and is consistent with the GP designation. The following goals and policies established in the Land Use Element of the General Plan are relevant to the proposed project: Goal LU3: Attract and retain high -quality industrial and business park development. Policy LU3.1: Encourage well -planned research and development areas and business parks that contain coordinated design guidelines and enhanced amenities. Policy LU3.2: Promote opportunities for expansion and revitalization of industrial uses within the City. Policy LU3.3: Ensure operation of industrial uses is unobtrusive to surrounding areas and prohibit the development of manufacturing uses that operate in a manner or use materials that may impose a danger on adjacent uses or are harmful to the environment. The implementation of the project will advance the specific goals within the Circulation Element of the General Plan to "Establish and maintain an efficient, interconnected circulation system that accommodates vehicular travel, walking, bicycling, public transit and other forms of transportation" with the following applicable policies: Policy CR1.3 Continue coordination/cooperation with adjacent jurisdictions regarding future roadway sections, standards, and improvements. Policy CR1.9 Maintain a truck route system that serves business districts, industrial areas, and the Airport. 0 Policy CR1.11 Encourage large employers (employers with 100 or more persons) to adopt incentive programs that include ridesharing, fleet vehicles and Resolution No. 25273 Page 3 vanpools, preferential parking for rideshares, subsidized shuttle bus services, telecommuting, alternative work hour programs, bicycle racks, lockers and shower rooms, and information on transit services to reduce overall traffic volumes in the City. Policy CR1.13 Require the owner or applicant of new development projects to fund the cost to mitigate traffic impacts generated by the new development project to LOS D or better. Policy CR1.14 Pursue an aggressive regional posture advocating new and improved transportation solutions, including continued participation in the Transportation Uniform Mitigation Fee. Policy CR1.16 Require developers, prior to approval of development plans, to provide increased right-of-way through land dedications to accommodate additional demand for dual left -turn and exclusive right -turn lanes, interchange improvements, bus stops and lanes, bicycle facilities or other improvements required to maintain a minimum 2. The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents, - The parcel is zoned M-2 and the proposed warehouse per Section 92.17.1.01(11) is a by -right use in this zone. The proposed fulfillment center is compliant with the existing land use and zoning designations established by the City of Palm Springs; therefore, the project does not propose changes in existing land use and zoning designations. The area around the site consists of other industrial buildings containing a variety of uses that are consistent with the proposed project. Street improvements will include construction of 19th Avenue and improvements to North Indian Canyon Drive will allow access to the site and surrounding properties. Per the determination in the DEIR the implementation of Mitigation Measures will reduce potential impacts to the surrounding circulation system and will not be detrimental to surrounding properties and the finding has been met. 3. The proposed project is in conformance to the property development standards for the zone district where the site is located; The Palm Springs Zoning Code (PSZC) establishes setback requirements for M-2 zones in the City and requires a minimum setback of 25 feet from a building to the property line. The setback from Indian Canyon Drive to the project's building varies from approximately 152 feet to approximately 156 feet (building to property line). The southern project boundary is located adjacent to 19th Avenue. The building setback from 19th Avenue varies from 266 feet to 312 feet (building to property line). The building setbacks from the northern property line and western property line are 196 and 258 feet, and 62 feet and 67 feet, respectively. The proposed application conforms to current development standards as to overall area, density, building height, and required landscaping and the finding has been met. Resolution No. 25273 Page 4 4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; 0 The proposed building will be fifty (50) feet in height, and setback 152 to 156 feet from property line along North Indian Canon Drive. This setback will reduce the scale of the building by placing it further away from the right-of-way, therefore reducing the building mass viewed by the motorists on the adjacent streets. The PSZC Section 92.17.1.00 through 92.17.1.05 establishes the standards and guidelines for properties within the City's Manufacturing (M-2) zoning designation. Per Section 92.17.1.03, Property Development Standards, building heights within M-2 zones shall not be greater than 30 feet. However, Section 92.17.1.03(c)(2)(b) allows for a maximum height of sixty (60) feet provided that: (1) the building is located on a parcel of not less than one acre in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height. Further, Section 92.17.1.03(c)(2)(d) limits buildings with a maximum height above forty (40) feet to areas bounded by 18th Avenue on the north, Indian Canyon Drive on the east, and 19th Avenue to the south. This applies to the project area because the site lies within the boundary of the area bounded by Indian Canyon Drive to the east and 19th Avenue to the south. The industrial area adjacent to the subject site has existing buildings of thirty (30) feet thus, the project's building height of 50 feet complies with the development standards in the PSZC. 5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; The proposed project has setbacks greater than the required M-2 zone development standards. The placement of the building in the center of the site with parking on the east, south, and north side is consistent with other industrial buildings in the immediate area. Adjacent industrial sites utilize parking and storage yards commonly present to serve warehouse buildings. The internal circulation with automobile parking on the east portion of the site and truck/trailer maneuvering with parking on the remainder of the stie will allow for the separation of loading and unloading and pedestrian access to the building and the finding has been met. 6. The site for the proposed project has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city's existing grid in accordance with the Circulation Plan of the General Plan; Circulation for the proposed project includes the development of gated access points, internal drive aisles, and paved parking spaces. Access to the project will be provided at three points along Indian Canyon Drive and one point on 19th Avenue. The project will construct 19th Avenue from the project's western boundary to Indian Canyon Drive at its ultimate half -section width as a Secondary Resolution No. 25273 Page 5 Thoroughfare, with a minimum pavement width of 64 feet; and construct Indian Canyon Drive from the northern project boundary to 19th Avenue at its ultimate half -section width as a Major Thoroughfare, with a minimum pavement width of 76 feet. The facility includes access on both Indian Canyon Drive and 19th Avenue, with truck traffic/access limited to 19th Avenue. The project proposes two right- in/right-out access driveways and one full access driveway along Indian Canyon Drive. The access points along Indian Canyon Drive enter the project parking lot. The proposed full -access driveway along 19th Avenue will be located at the southwest corner of the project and utilized by truck traffic only. All roads will be constructed per the General Plan Circulation Plan and the finding has been met. 7. On -site circulation conforms to minimum standards, and accommodations are made for safe on -site pedestrian circulation; The internal circulation system will consist of a series of drives around the project building. The east side of the project building is designated for auto parking for employees, while the paved drive aisles along the building's north, west, and south sides are designated for truck access only. The proposed internal rights of way vary from 24-foot-wide drives to 71-foot-wide drives. The location of the automobile parking on the east side allows for a separation from trucks allowing direct pedestrian access into the office sections of the building and the finding has been met. 8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design; The project landscape will include drought -tolerant trees (24-inch boxes), 12-foot palms, and ground covers (15-gallon) typically found in the region, such as willow acacia, desert museum palo verde, thornless honey mesquite, and date palm. Shrubs and accent plantings proposed for the project include outback sunrise emu bush, new gold lantana, Lindheimer's muhly, firecracker plant, various agave, cactus, yucca, and aloe. Fractured rock, and decomposed granite will provide ground cover. Exterior irrigation will use drip or micro -spray applicators. One retention basin is proposed along the southern project boundary. The landscaped areas and the retention basin proposed for the site will occupy approximately 4.15 acres of the property. The parking spaces immediately north of the retention basin will be separated by masonry block wall and fencing. The Architectural Review Committee (ARC) will review the final landscape plan. 9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; The system planned to serve the project will be designed to provide a coordinated infrastructure and public services to adequately serve the project area at full buildout. Mission Springs Water District (MSWD) will provide water service for the project property. Existing MSWD water infrastructure is located adjacent to the Resolution No. 25273 Page 6 project, along the surrounding roadways. Project water lines will connect to an existing 12-inch water line in 19th Avenue adjacent to the project. A proposed 12- inch water line will extend from the existing water line within the existing right-of- way to a private water line within the project boundaries. A private 12-inch fire line is proposed within the project boundaries. The fire line will connect to the water mains along both 19th Avenue and Indian Canyon Drive. The existing 12-inch and 16-inch water lines along 19th Avenue will connect via a 12-inch water service line near the southeast and southwest corners of the project. The existing 12-inch water line along Indian Canyon Drive will connect to the project's fire line via a 12- inch water service line at the northeast corner of the project. The proposed fire lines will be along the internal paved drive aisles. A fire hydrant is proposed at each corner of the project (four fire hydrants in total). Sanitary sewer service for the project area is provided by MSWD. Sewer connections to the site will occur on 19th Avenue from an existing sewer line approximately 650 feet east of the project in 19th Avenue. The project will extend the sewer line to connect to the project. Private internal sewer lines will be 8 inches and occur along the eastern side of the project. Based upon these existing and planned infrastructure improvements the project will meet the finding. 10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts; 0 An EIR has been prepared with full analysis of the proposed project. As a result of the EIR findings a Statement of Overriding Considerations (SOC) has been written that explains why the benefit of the project outweighs the unmitigated adverse environmental consequences associated with implementing the project. The EIR has determined that Greenhouse Gas (GHG) emissions and Transportation will cause significant impacts to the environment that cannot be mitigated to a level less than significant and an SOC is required. All other impacts can be mitigated to a level less than significant. 11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. The proposed warehouse development as analyzed in the EIR will require the implementation of mitigation measures that will reduce impacts on public welfare, health and safety to a level less than significant as envisioned by CEQA. The SOC provides a detailed discussion of how the public benefit of the project outweighs as the adverse environmental consequences associated with implementing the project resulting in increased employment, tax revenue and improvement to surrounding street networks. A Mitigation Monitoring Program will be implemented, and the development will be required to be constructed with proper permits from the Building Department and require a final inspection from the building staff prior to occupancy Resolution No. 25273 Page 7 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. An Environmental Impact Report (EIR), State Clearing House #2023080091 has been prepared for the proposed "project" pursuant to the California Environmental Quality Act Guidelines ("CEQA"). The Planning Commission has certified the Final Environmental Impact Report, adopted the Statement of Overriding Considerations (SOC) and the Mitigation Monitoring Program. SECTION 3. City Council to direct Planning staff within five years or after completion and operation of the facility to conduct an air quality study to analyze the impacts of the project to determine if conditions have changed from the original EIR and if the report shows an increase above CEQA thresholds then additional mitigation measures are to be implemented on the project. SECTION 4. That the City Council hereby denies the appeal by Peter Moruzzi and upholds the Planning Commission's decision to Certify the Final Environmental Impact Report, adopt the Statement of Overriding Considerations and Mitigation Monitoring Program, and approve a Major Development Permit, Case 3.4361 MAJ for the construction of a 739,360-square foot warehouse fulfillment center on thirty-eight (38) acres located at the northwest corner of North Indian Canyon Drive and 19th Avenue. ADOPTED THIS 23RD DAY OF JANUARY 2025. ATTEST: Brenda Pree, MMC, CERA City Clerk L Z'. lli�v Scott Stiles, City Manager Resolution No. 25273 Page 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE } ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25273 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 23rd day of January, by the following vote: AYES: Councilmembers Ready, Bernstein, Mayor Pro Tern Soto, and Mayor deHarte NOES: None ABSENT: Councilmember Garner ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this a441 day of February, 2025. I -A �>Z-e Brenda ree, City CIe - City of Palm Springs, California 1 I