Loading...
HomeMy WebLinkAboutPC Resolution _4671- TPM 28631RESOLUTION NO. 4671 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 28631 FOR THE SUBDIVISION OF A 21.83 ACRE PARCEL OF LAND INTO TWO PARCELS FOR THE PROPERTY LOCATED AT 1500 SOUTH GENE AUTRY TRAIL, OASIS WATER PARK, BETWEEN SOUTH GENE AUTRY TRAIL AND CROSSLEY ROAD, M-1 ZONE SECTION 20. WHEREAS, the Terry Durst (the "applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.62.010 for a Tentative Parcel Map to allow the subdivision of a single parcel of land into two parcels for a property located between South Gene Autry Trail and Crossley Road, M-1 Zone, Section 20. WHEREAS, Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the applicant's request for Tentative Parcel Map 28631 was given in accordance with applicable law; and WHEREAS, on November 24, 1999, a Public Hearing on the application for Tentative Parcel Map 28631 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 hearing on the project, including but not limited to the staffreport, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows The tentative parcel map application is categorically exempt from an environmental assessment per Section 15315 of the California Environmental Quality Act (CEQA). Section 15315 states that the subdivision of four or fewer parcels is exempt from CEQA. Section 2: Pursuant to City of Palm Springs Municipal Code 9.62.010 and Government Code Section 66747, the Planning Commission finds that with the incorporation of those conditions attached as Exhibit A: a. The proposed subdivision is consistent with the General Plan. Pursuant to the General Plan, the proposed subdivision map is consistent with the policies and objectives for the development of uses permitted under the industrial designation. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The site for the intended subdivision is adequate in size and shape required in order to permit future uses of the land in the neighborhood. The proposed subdivision is consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. The proposed subdivision will divide the site into two parcels. Parcel 1 contains 4.55 acres and is currently undeveloped land, and the designated remainder parcel (Oasis Water Park) is approximately 17.28. The subdivision exceeds all applicable development criteria specified for the M-1 zone in the Zoning Ordinance. d. The design of the subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. The proposed property is located within an urban area and is absent of fish & wildlife habitat. Section 3: Pursuant to Government Code Section 66473.5, the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Tentative Parcel map 28631 subject to those conditions set forth in Exhibit A, which are which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 2ek day of NoVeigtr, 1999. AYES: Caffery, Matthews, Klatchko, Raya, Fontana, Mills NOES: ABSENT: Jurasky ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ' 1puuie Secretary anning Commission Chairman, Planning Commission RESOLUTION NO. EXHIBIT A TPM 28631 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, 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. ENGINEERING DEPARTMENT: STREETS N 1. Dedicate a 60 foot wide easement for landscape, sidewalk and bicycle path purposes along the entire Crossley Road frontage. 0 IA. Provide roof of dedication of additional right-of-way of 14 feet for a total half street p g Y width of 44 feet along the Crossley Road frontage. If there has been no previous dedication of said strip of land, then the dedication shall be a part of the Parcel Map. MAP 2. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division, 3. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review. Submittal shall be made prior to issuance of grading or building permits. The following improvements shall be listed in the Certification for Improvements on the Final Parcel Map and clearly noted that the following improvements will be the minimum development requirements for Parcel 1 of Tentative Parcel Map No. 28631, but not required to be completed until such time that development is contemplated on said Parcel 1. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. The street improvement plans in the City Engineering Department shall be revised to show the proposed improvements. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. CROSSLEY ROAD 3. Construct an 8 inch curb and gutter, 32 feet WEST of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 4. Remove and replace existing pavement with a minimum pavement section of3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge ofproposed gutter to CLEAN SAW CUT EDGE OF PAVEMENT along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 AND 330. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. TRAFFIC 5. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. PLANNING DEPARTMENT: 0 6. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 7. The owner 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 Tentative Parcel Map 2863I . The City ofPalm Springs will promptly notify the applicant of any 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 ofPalm 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 ofthe indemnification rights herein. 8. The Tentative Parcel Ma approval shall be valid for period of two 2 ears. p Pp p �) Y Extensions of time may be granted by the City upon demonstration of good cause, in compliance with the provisions of the California State Subdivision Map Act. 9. Any future development of Parcel 1 shall be subject to review and approval by the City. POLICE DEPARTMENT: 10. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 11. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT. No comments. RESOLUTION NO.4670 RESOLUTION OF THE PLANNING COMMISSION 4F THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE USE OF COMPUTER TRAINING CENTERS WITHIN THE C-S-C (COMMUNITY SHOPPING CENTER), C-D-N (DESIGNED NEIGHBORHOOD SHOPPING CENTER), M-1-P (PLANNED RESEARCH & DEVELOPMENT), AND P (PROFESSIONAL) ZONES BE PERMITTED BY LAND USE PERMIT. WHEREAS, the Planning Commission has received a request for a determination to allow the use of computer training centers within the C-S-C, C-D-N, M-1-P, and P zone; and WHEREAS, the location is approximately 890 square feet with 150 square feet oftraining area and 150 square feet of computer repair space with the hours of Sam until 5pm; and WHEREAS, the detemunation would only apply to zones compatible with such a use as listed above, on sites which have sufficient parking to accommodate this use; and WHEREAS, on November 10,1999, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the request, including but not limited to the staff report, and all written and oral testimony presented. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Planning Commission hereby determines that the use ofcomputer training centers is permitted in the C-S-C (Community Shopping Center), C-D-N (Designed Neighborhood Shopping Center), M-1-P (Planned Research & Development), and P (Professional) zones by Land Use Permit. ADOPTED this I Oth day of November , 1999. AYES: Jurasky, Caffery, Matthews, Klatchko, Raya, Fontana, Mills NOES: ABSENT: ATTEST: Secretary0lanning Commission CITY OF PALM SPRINGS, CALIFORNIA L Chairman, Planning Commission RESOLUTION NO. 4667 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AMENDMENT NO. 1 TO CASE NO. 5.0758 - CONDITIONAL USE PERMIT - A REQUEST TO ALLOW LIVE ENTERTAINMENT IN CONJUNCTION WITH THE OPERATION OF AN EXISTING SPORTS BAR/COCKTAIL LOUNGE LOCATED AT 476 NORTH PALM CANYON DRIVE, CBD ZONE, SECTION 15. WHEREAS, Harry Moscatel (the "Applicant") filed an application with the City of Palm Springs pursuant to Section 9402.00 of the Zoning Ordinance for an amendment to Conditional Use Permit 5.0758 to allow live entertainment in conjunction with an existing sports bar/cocktail lounge, doing business as "Uncle Fatty's" located at 456 North Palm Canyon Drive, CBD Zone, Section 15; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider an application for Conditional Use Permit 5.0758 was issued in accordance with applicable law; and WHEREAS, on November 12, 1997, the Planning Commission approved Case No. 5.0758 - Conditional Use Permit for a sports bar/cocktail lounge with outdoor seating but no live entertainment; and WHEREAS, on December 3, 1997, the City Council adopted a Resolution of Convenience and Necessity to allow a sports bar/cocktail lounge with outdoor seating; and WHEREAS, reports of live entertainment were filed with the City of Palm Springs, which prompted the need for the applicant to apply for an amendment to Conditional Use Permit No. 5.0758; and WHEREAS, on August 19, 1999, the applicant was informed of the requirement to apply for an amendment to the existing Conditional Use Permit No. 5.0758 for consideration of the Planning Commission prior to any further live entertainment on the property; and WHEREAS, On August 30, 1999 the applicant filed said application with the City for an amendmentto Conditional Use Permit No. 5.0758 fora requestto permit live entertainment inside the existing building; and WHEREAS, on September 28, 1999, October 3, 1999, and October 28, 1999, staff contacted the Police Department and, as of the writing of this report, their records reflected no unusual concerns or circumstances associated with the property and that the applicant did not initially had live performances on their property since receipt of the City's August 19, 1999 correspondence, although occurrences of live performances have been reported in recent weeks; and WHEREAS, on October 13, 1999, and October 27,1999, and continued to November 10, 1999, a public hearing on the application to amend the previously approved Conditional Use Permit 5.0758 was held by the Planning Commission in accordance with applicable laws to include live entertainment; and WHEREAS, the proposal is considered "categorically exempt " pursuant to Section 15301 of the California Environmental Quality Act ("CEQA") and City of Palm Springs guidelines for implementing CEQA; and WHEREAS, the Planning Commission 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, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from California Environmental Quality Guidelines ("CEQA") per Section 15301 (Existing Facilities). ��. Section 2: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance, a change to the existing sports bar/cocktail lounge with the addition of live entertainment as proposed is a use which is conditionally permitted in the CBD Zone. b. That the said use applied for is necessary or desirable for the development of the community, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposal to add live entertainment will provide a service to the local residents as well as the tourists that frequent the City of Palm Springs. This City block currently contains uses that are compatible to the additional ancillary use being proposed in the form of live entertainment should not be detrimental to existing uses nor future uses in the immediate area. C. That the site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future users of the land in the neighborhood. The site is adequate in size and shape to accommodate the proposed use which will consist of individual or group musical performers performing within the enclosed building confines. Since the enclosed building consists of closed or fixed glass windows and unlocked but closed doors (as per applicable health and safety codes), minimum noise transmission to surrounding outside areas are anticipated, and levels of pedestrian and vehicular traffic arriving and departing from the site are expected to be standard and customary in an urban setting. 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 level of pedestrian and vehicular traffic arriving and departing from the site for the existing sports bar use and the proposed accessory use will be standard and customary in an urban setting, with all surrounding roads and sidewalks developed according to City standards within the vicinity of the subject site. e. The conditions to be imposed are deemed necessary to protect the public health, safety, and general welfare of the existing neighborhood in which this property is located. The conditions proposed are based upon standard and customary Municipal requirements that are applied to all such applications to protect the public health, safety, and general welfare of the existing neighborhood in which this site is located. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves an amendment to Conditional Use Permit 5.0758 subject to those conditions set forth in the attached Exhibit "A", which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. Adopted this 10th day of November , 1999, AYES: Mills, Fontana, Caffery, Raya, Matthews, Jurasky NOES: ABSENT: ABSTENTIONS: Klatchko ATTEST: y r Chairman, Planning Commission CITY OF PALM SPRINGS, CALIFORNIA ecretary, Planni Commission Nrm- -1 Exhibit "A" CONDITIONS OF APPROVAL Conditional Use Permit 5.0758 (Amendment No. 1) Applicant: Harry Moscatel Location: 476 North Palm Canyon Drive Date: November 10, 1999 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Building, the Chief of Police, and 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 the form approved by the City Attorney. 1. The proposal at the subject premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner 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 No. 5.0758 Amendment No. 1. The City of Palm Springs will promptly notify the applicant of any 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. The approval of this amendment is to allow live music inside the existing building only, in conjunction with the previously approved cocktail lounge use. Any potential revocation of this amended Conditional Use Permit due to issues not adequately addressed in these amended conditions of approval shall not prohibit the owner from continuing to operate the facility as a cocktail lounge without live entertainment, unless the revocation relates to the general operation of the facility as a cocktail lounge. The cocktail lounge use is subject to the original conditions of approval specified in City Council Resolution No. 19159 and in the original Planning Commission Resolution of Approval for this Conditional Use Permit, adopted on November 12, 1997. 0 4. Non-compliance with any of the conditions herein, or the receipt of complaints or Police and safety problems (not limited to excessive alcohol consumption, noise disturbance, signs, etc.) regarding the operation of the establishment, in the determination of the Director of Planning and Building, may cause the revocation of the Conditional Use Permit pursuant to Section 9402.00 (1) of the Zoning Ordinance. 5. The applicantlowner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. Any transference of this CUP prior to change of ownership is subject to review by the City. G. This use shall comply with the provisions of Section 11.74, Noise Ordinance of the Palm Springs Municipal Code. 7. This application shall be reviewed by the Planning Commission approximately 90 and 180 days from the date of this approval. The Planning Commission shall also have the option of setting a public hearing date for a review of the amended application for a one-year review, with any violation of the Noise Ordinance being a specific violation of this amended Conditional Use Permit. 8. If the noise generated by the business exceeds the community noise standards, other measures may be required by the City to mitigate excessive noise resulting 0 from live and/or recorded performances, up to and including immediate cessation of music. In this situation, a noise study prepared by an independent, City approved acoustical consultant shall be required at the owners expense to address specific mitigation measures for excessive noise. 9. All exterior windows and doors shall remain closed at all times during live performances. 10. Any pre-recorded music shall not project through the existing outdoor speaker system in a manner that would constitute a violation of the City's Noise Ordinance. Live music shall not be projected through the existing or any future modifications to the outdoor music system. 11. All previous conditions of approval as contained in the original Resolution for Conditional Use Permit 5.0758 and City Council Resolution 19159 (for the Resolution of Public Convenience and Necessity) are hereby incorporated by reference in this request for amendment of Conditional Use Permit 5.0758. 101