HomeMy WebLinkAbout25306RESOLUTION NO. 25306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY
MCWHIRTER REALTY PARTNERS AND UPHOLDING THE
PLANNING COMMISSION'S DECISION TO DENY A MAJOR
DEVELOPMENT PERMIT APPLICATION, CASE DP-2024-
0009, FOR THE CONSTRUCTION OF 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 APPL-2025-0002).
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, 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 the Planning
Commission voted 4 (Aylaian, Weremiuk, Rotman, Morrill) to 3 (Baker, Miller, Murphy) to
deny the application based on the findings that the proposed project is not consistent with
the intent of the General Plan; and
WHEREAS, on April 3, 2025, McWhirter Realty Partners timely filed an appeal to
the City Council of the March 25, 2025 Planning Commission's decision to deny Case
DP-2204-0009 in accordance with applicable law; and
WHEREAS, on April 8, 2025, the Planning Commission adopted a resolution of
denial (Resolution No. 6978) to deny Case DP-2024-0009; and
WHEREAS, on May 14, 2025, an appeal hearing on Case APPL-2025-0002 was
held by the City Council in accordance with applicable law; and
WHEREAS, the proposed project is statutorily exempt from the terms of the
Resolution No. 25306
Page 2
California Environmental Quality Act ("CEQA"), because "CEQA does not apply to
projects which the public agency rejects or disapproves" per Section 15270(a) of the
CEQA Guidelines; and
WHEREAS, 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 environmental assessment
prepared for the project and all written and oral testimony presented; and
WHEREAS, pursuant to Section 94.04.01(D) (Development Permit — Criteria and
Findings) of the Palm Springs Zoning Code, the City Council finds that, based upon the
following factors, the proposed project is not consistent with the intent of the General Plan
as detailed below:
1. The proposed project is consistent with the General Plan and any applicable
specific plan, -
The project site is an undeveloped parcel located in the Uptown Mixed -Use
Area, which is one of eight distinct, focused areas specifically defined in the
General Plan. The intent of the mixed -use areas is that "The mix of uses
should promote civic activity, define neighborhood character, and provide
places for people to meet and socialize, enhancing the area's overall quality
of life. These areas are intended to provide services and distinct gathering
places and activity centers for surrounding neighborhoods and businesses.
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." (Palm Springs 2040 General Plan, Page 2-38,
Paragraph 1)
According to the General Plan, these mixed -use areas are special areas
that are "envisioned to be pedestrian friendly with higher densities and
intensities than the typical patterns of segregated uses. The mixed -use
designation provides the City with the ability and authority to be more
proactive in land use decisions for focused areas where new growth and
development is desired." (Palm Springs 2040 General Plan, Page 2-37)
In particular, the Uptown Mixed -Use Area is described as follows: "A
collection of art galleries and boutiques are located here, along with a
regional medical center and related medical and professional office uses. A
more vibrant retail/ commercial area serving the needs of the adjacent
residential neighborhoods of Las Palmas, Vista Las Palmas, Movie Colony,
and Ruth Hardy Park are needed in this area." (Palm Springs 2040 General
Plan, Page 2-41, Paragraph 1) Specifically, according to the General Plan,
in the Uptown Mixed -Use Area "a concentrated mix of uses here could
stimulate activity and create a sense of place by connecting new residential
uses with the nearby medical offices, including the Desert Resort Regional
Medical Center, and specialty shopping in the Heritage District. The primary
Resolution No. 25306
Page 3
purpose of a mixed -use center in the Uptown area is to generate a synergy
between complementary uses that can ultimately result in a gathering place
for residents and businesses in the northern end of the City. "(Palm Springs
2040 General Plan, Page 2-41, Paragraph 2). After consideration of the
proposed paint store and public testimony, the Planning Commission
determines that the project is not pedestrian friendly and the use does not
generate such synergy or create a gathering place for residents or
businesses.
The General Plan further 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). The subject
site is vacant and one of very few such sites in this MU area. Consequently,
development opportunities are limited here. Therefore, the proposed use
on this vacant parcel would adversely impact the possibility of achieving the
City's goal for the Uptown Mixed -Use Area.
The proposed use is permitted by right in the C-1 Zone per PSZC Section
92.12.01(A)(29), but it serves vehicular traffic and commercial businesses
almost exclusively, and does not fulfil the General Plan objective of creating
a stronger concentration of activity or a stronger sense of community with
the neighboring residential uses, including the senior apartments under
construction directly across the street, or the nearby medical and specialty
shopping in the Heritage District, as targeted by the General Plan.
Therefore, the finding of consistency with the General Plan is not met.
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 proposed project is statutorily exempt from the terms of the
California Environmental Quality Act ("CEQA"), because "CEQA does not apply to
projects which the public agency rejects or disapproves" per Section 15270(a) of the
CEQA Guidelines.
SECTION 3. That the City Council hereby denies the appeal by McWhirter Realty
Partners and upholds the Planning Commission's decision to deny Major Development
Permit application, Case DP-2024-0009, for the construction of 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, Section 10.
Resolution No. 25306
Page 4
ADOPTED THIS 14TH DAY OF MAY 2025.
Scott Stiles, City Manager
ATTEST:
A,
rends Pree, MMC, C RA
City Clerk
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. 25306 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 14th day of
May, by the following vote:
AYES: Councilmembers Ready, Garner, Bernstein, Mayor Pro Tern Soto,
and Mayor deHarte
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 !Zj Sf- day of May, 2025.
14 V/'tJA_,
renda Ork MMC, CERA
City Clerk