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HomeMy WebLinkAboutItem 1B - DP-2024-0009_PC Packet_04082025CITY OF PALM SPRINGS DEPARTMENT OF PLANNING SERVICES MEMORANDUM Date: April 8, 2025 To: Planning Commission From: Department of Planning Services Subject: RESOLUTION OF DENIAL FOR CASE DP-2024-0009, A REQUEST BY MCWHIRTER REALTY PARTNERS FOR APPROVAL OF A MAJOR DEVELOPMENT PERMIT (DP) TO CONSTRUCT A NEW 4,012-SQUARE- FOOT COMMERCIAL BUILDING FOR A PAINT STORE ON A 0.38-ACRE UNDEVELOPED PARCEL LOCATED NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE DP-2024-0009). (NK) At its meetings on February 26 and March 25, 2025, the Planning Commission considered a Major Development Permit application, Case DP-2024-0009, which proposed the construction of a new 4,012-SF paint store on a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and East Stevens Road in Uptown. Subsequently, the Planning Commission voted 4 (Aylaian, Weremiuk, Rotman, Morrill) to 3 (Baker, Miller, Murphy) to deny the application based on the findings that are stated in the resolution attached to this staff memorandum (Attachment 2). RECOMMENDATION: The Planning Commission adopt the attached resolution of denial (Attachment 2). PREPARED BY: Noriko Kikuchi, AICP, Associate Planner REVIEWED BY: Christopher Hadwin, AICP, Director of Planning Services ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution Department of Planning Services Vicinity Map CITY OF PALM SPRINGS Case DP-2024-0009 Sherwin-Williams Paint Store APN: 505-184-028 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING A MAJOR DEVELOPMENT PERMIT APPLICATION, CASE DP-2024-0009, TO CONSTRUCT A 4,012-SQUARE-FOOT COMMERCIAL BUILDING ON A 0.38-ACRE UNDEVELOPED PARCEL LOCATED NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND WEST STEVENS ROAD (APN: 505-184-028), ZONE C-1, SECTION 10. WHEREAS, McWhirter Realty Partners, (the “Applicant”) has filed Case DP-2024-0009, a Major Development Permit Application, in accordance with Section 94.04.01 (Development Permit) of the Palm Springs Zoning Code to construct a 4,012-SF commercial building for a Sherwin-Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028), Zone C-1; and WHEREAS, notice of a public meeting of the Planning Commission of the City of Palm Springs to consider the above-mentioned application was given in accordance with applicable law; and WHEREAS, on February 26, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted unanimously to continue the item for further review to address the following: 1) A true, functional entrance is required on the North Palm Canyon Drive frontage; 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage; 3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded; and 4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage; and WHEREAS, on March 25, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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 environmental assessment prepared for the project and all written and oral testimony presented. Planning Commission Resolution No. March 25, 2025 Case DP-2024-0009 Page 2 THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Major Development Permit Findings. The required Findings for a Major Development Permit approval are outlined in Section 94.04.01(D) (Development Permit – Criteria and Findings) of the Palm Springs Zoning Ordinance (PSZO) as follows: 1. The proposed project is consistent with the General Plan and any applicable specific plan; The project site is an undeveloped parcel located in Uptown within the MU (Mixed-Use/Multi-Use) General Plan land use designation area. The General Plan states “Introduction of mixed-use development should be targeted for vacant and underperforming sites or areas where the City wants to create a stronger concentration of activity” in the MU land use designation area (Palm Springs 2040 General Plan, page 2-38). As stated in the General Plan above, uses that generate activities and offer services that would create a stronger sense of community are desirable for the site. While the proposed use is permitted by right in the C-1 Zone per PSZC Section 92.12.01(A)(29), it is not consistent with the intent of the MU General Plan land use designation area. Therefore, the proposed project does not meet this finding. 2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents; Pursuant to PSZC Section 92.12.01(A)(29), the proposed use is permitted by right in the C-1 Zone. The proposed use is a retail store, and there are no industrial activities (e.g. paint manufacturing) proposed at the site. The proposed use has no detrimental impacts on the adjacent properties other than the General Plan inconsistency issue detailed in Finding 1 above. 3. The proposed project is in conformance to the property development standards for the zone district where the site is located; The proposed project meets the C-1 Zone development standards except for the outdoor lighting. The proposed outdoor lighting Plan needs to be revised for the project to fully conform to the Zoning Code regulations. 4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; The proposed 18-foot-high single-story building is less than the maximum Planning Commission Resolution No. March 25, 2025 Case DP-2024-0009 Page 3 building height permitted in the C-1 zone which is 30 feet. The site abuts single-story buildings on all sides except for the west side. While the size of the proposed building is slightly larger (by 1,200 ~ 1,400 SF) than the abutting developments to the north and south due to its larger lot size, the massing of the proposed building is relatively compatible with the adjacent developments, and it is contextually appropriate. 5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; The proposed project meets the C-1 Zone minimum yard setback requirements. Generally, the project proposes wider setbacks than the abutting properties. The front yard setback is compatible with the adjacent developments which provide zero (North) and app roximately 17 feet (South). 6. The site for the proposed project has adequate access to streets and highways property 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 e xisting grid in accordance with the Circulation Plan of the General Plan; The site is easily accessible from North Palm Canyon Drive, and the street is adequate to accommodate the amount of traffic expected to be generated by the proposed project. There are two existing driveway approaches at the site that are nonconforming to the current City standards which require reconstruction per the current design standards. While the project site is an existing lot and the project will not affect the existing circulation grid and transportation pattern, a 5-foot-wide dedication may be required to provide the ultimate half street right-of-way width of 50 feet. Traffic and access will be adequate with the dedication and widening of North Palm Canyon Drive . 7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; The proposed on-site circulation meets the minimum off-street parking standards such as the driveway width and separation distance requirement between the two (2) driveway approaches. Additionally, the project proposes a designated pedestrian path at the northeast corner of the building for access to the parking spaces located farthest from the building. 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; Planning Commission Resolution No. March 25, 2025 Case DP-2024-0009 Page 4 The project site is designed with a 5-foot-wide landscape buffer, and 53% of the proposed parking area will be shaded. The preliminary grading plan indicates that the water collected on-site will be directed towards the stormwater drainage chamber located at the southwest corner of the site via sloped ground surface and a landscape drainage located in the north planting bed. Considering the proposed grading and site design, the locations of the stormwater management features are appropriate. 9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; The project site is immediately adjacent to a major thoroughfare in an urbanized area, and it is accessible to public utilities and infrastructure. 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; As detailed in Finding 1 above, the proposed project is not consistent with the intent of the MU General Plan land use designation area. Therefore, the project does not meet all the required findings for approval. Projects that are rejected or disapproved by a public agency are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 21080(b)(5) of the California Public Resource Code and Section 15270(a) of the CEQA Guidelines. 11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. The proposed project provides adequate separation distance between the site and its abutting properties, the proposed building is compatible with the surrounding developments in terms of massing and scale. Additionally, the proposed retail use is permitted by right in the C-1 Zone. Other than the General Plan inconsistency issue detailed in Finding 1 above, t he project does not have any unacceptable adverse effects on public welfare, health, or safety. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby denies Case DP-2024-0009, a Major Development Permit, for the construction of a 4,012-square-foot commercial building for a Sherwin-Williams paint store on a 0.35-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028). Planning Commission Resolution No. March 25, 2025 Case DP-2024-0009 Page 5 ADOPTED THIS 25th DAY of March, 2025. AYES: AYLAIAN, WEREMIUK, ROTMAN, MORRILL NOES: BAKER, MILLER, MURPHY ABSENT: NONE ABSTAIN: NONE ATTEST: CITY OF PALM SPRINGS, CALIFORNIA _____ Christopher Hadwin Director of Planning Services