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HomeMy WebLinkAboutPC Resolution _5005- Case 5.0957- CUPRESOLUTION NO. THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN APPLICATION BY ROTHBART DEVELOPMENT, DESTINATION RAMON, LLC, FOR THE DESTINATION RAMON PROJECT, (CASE NO. 5.0957-CUP) FOR A CONDITIONAL USE PERMIT AND RELATED ARCHITECTURAL APPROVAL, TO ALLOW DEVELOPMENT OF 277,000 SQUARE FEET OF RETAIL DEVELOPMENT, INCLUDING THE VACATION OF THE SKY POINT DRIVE RIGHT OF WAY, GAS STATION, AND THE DEVELOPMENT OF FUTURE DRIVE -THROUGH FACILITIES AS PART OF THIS PROJECT AND RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 30745, FOR A 31.12 ACRE SITE LOCATED AT 5601 RAMON ROAD EAST, ON APN # 680-170-025, 680-170-026, 680-170-027, 680-170-028, 680- 170-029, 680-170-030, 680-170-031, 680-170-032, 680-170-048 AND 680-170-050, ZONE M-1, SECTION 20. WHEREAS, Rothbart Development, Destination Ramon LLC., (the "Applicant") has filed an application with the City pursuant to Section 94.02.00 of the City of Palm Springs Zoning Ordinance for a Conditional Use Permit for Case 5.0857-CUP, and related architectural approval, for the development of a 275,000 square foot retail shopping center, which includes a 225,000 square foot retail store, an associated free-standing gas station to include eight (8) pumps (16 fueling positions) with a 900 square foot office and convenience mart, and four additional retail commercial pads totaling up to 51,000 square feet, and for related architectural, site plan, landscape, and sign program approval, for approval of free-standing light fixtures in excess of eighteen (18) feet, for a conditional use permitwhich addresses drive through operations forvarious out -pad uses proposed within the project site, and for the vacation of the Sky Point Drive right-of-way, at 5601 Ramon Road, on Assessors Parcel Number (APN) #680-170- 025,680-170-026, 680-170-027, 680-170- 028, 680-170-029, 680-170-030, 680-170-031, 680-170-032, 680-170-048 and 680-170-050, at the south-west corner of Ramon Road and Crossley Road, Zone M-1, Section 20; and WHEREAS, the "Applicant' has also filed an application with the City pursuant to the City of Palm Springs Municipal Code, Section 9.62.015 for a Tentative Parcel Map (TPM 30745) for the subdivision of approximately 31.12 acres into 7 parcels, ranging in size from 22.02 acres to 0.92 acres; WHEREAS, the Applicant has paid the required filing fees; and WHEREAS, said Tentative Parcel Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, the conditional use permit application would allow for the development of multiple drive -through uses and a gas station, as part of the project; and WHEREAS, Sky Point Drive is not a General Plan street and the City Engineer has deemed Sky Point Drive as unnecessary for a local street: and WHEREAS, the proposed development is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Impact Report has been prepared for this Project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the project was previously reviewed by the Design Review Committee regarding project design, architecture, site plan, sign program and landscape design on July 8, 2003 and July 21, 2003 and March 22, 2004; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's applications for the Project was given in accordance with applicable law; and WHEREAS, on March 24, 2004, the Planning Commission conducted a public hearing on said applications; and iEREAS, the Planning Commission has carefully reviewed and considered all of the evidence sented in connection with the hearing on the Project, including but not limited to the staff report, environmental data, including the Final Environmental Impact Report, along with all written and it testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: ::tion 1: Pursuant to CEQA, the Planning Commission finds as follows: The Final Environmental Impact Report (Final EIR) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission has independently reviewed and considered the information contained in the Final Environmental Impact Report and finds that it adequately discusses the significant environmental effects of the proposed project (including the proposed Case No 9.0957- CUP, Tentative Parcel Map 30745, and Street Vacation). The mitigation measures are adopted in Exhibit A of this Resolution. The Planning Commission further finds that the Final EIR reflects its independent judgement. The Final EIR adequately covers the current project proposal such that no new additional impacts will result that were not previously identified, and the Statement of Facts and Findings and the Statement of Overriding Considerations for the project reflects its independent judgement. Section 2: A Mitigation Monitoring Program will be adopted for Case No. 5.0957-CUP and, Tentative Parcel Map 30745 pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during project implementation. These mitigation measures are incorporated by reference into the Conditions of Approval of this project as outlined in Exhibit A of this Resolution. Section 3: Pursuant to Section 94.02.00 of the Zoning Ordinance, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit and related architectural approvals are authorized by the City's Zoning Ordinance. The conditional use permit is intended for those types of land uses which require special consideration in a particular zone or in the city as a whole due to: the size of the area needed for full development of such use; the unusual traffic, noise, vibration, smoke or other problems incidental to its operation; special locational requirements not related to zoning; or to the effect that such uses may have on property values, health, safety, and welfare in the neighborhood or in the community as a whole. It is also for uses whose approximate location is indicated on the general plan but whose exact location and arrangement must be carefully studied. In granting the Permit, certain safeguards to protect the health, safety, and general welfare may be required as conditions of approval. A Conditional Use Permit may be approved by the Planning Commission for specific uses, and only those uses, proposed by an applicant and where the applicant agrees to comply with all conditions imposed on the project. In this case, the applicant is proposing various types of commercial uses. These uses are located on the property in a manner that relates well internally and with the surrounding neighborhood. The conditions have been recommended that further compliments relationships between the project and surrounding properties. This conditional use permit is an appropriate mechanism to provide for safeguards to protect the health, safety, and general welfare may be required as conditions of approval. The proposed project design, including building elevations, landscaping, site design are in conformity with community standards. The site design, including parking, height and setbacks all exceed code requirements, and therefore the project complies with provisions of the zoning ordinance. Drive -through uses and the gas station require the approval through a Conditional Use Permit. The Planning Commission is authorized to allow freestanding lights in the forty (40) foot area (Section 93.21.00). Building mounted lights may be mounted no higher than eighteen (18) feet. The architectural elements in excess of 30 feet in height are set back 720 feet from the front setback on Ramon Road. All portions of the buildings in excess of 30 feet in height are set back a minimum of 30 feet from the property lines. The proposal includes 1,434 parking spaces on -site (1,239 are required), with a total of five vehicular ingress/egress points to serve the facility. Two additional driveways provide access for loading. The building is oriented toward the southern end of the property, to allow for easier access to the parking areas from Ramon Road, Crossley Road, and San Luis Rey Drive and to lessen the apparent bulk and height of the building from this scenic vehicular corridor. The majority of the building will be constructed at a height of approximately 22-28 feet above finished grade, with the architectural element over the main entrances reaching approximately 42 feet at the highest point. Truck wells and outdoor staging areas are located behind the building, screened from Ramon Road by the building and from other areas by eight foot tali decorative screen walls that are integrated with the architecture of the building. The Conditional Use Permit and related architecture approval is final with the Planning Commission. The vacation of Sky Point Drive rights of way and the Tentative Parcel Map must be approved by the City Council b. The use is necessary or desirable for the development of the community, is in harmony with the various elements or 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. The proposed conditional use permit will facilitate implementation of the General Plan and would allow a development to occur that includes retail and commercial facilities. The Conditions of Approval incorporate the mitigation measures identified in the Final EIR, through the environmental review process which address traffic, air quality, biological issues and cultural issues, bicycle circulation, visual and physical relationships/issues and are therefore, consistent with General Plan policies. The proposed uses identified in the conditional use permit are in harmony with the General Plan, will provide for additional retail opportunities within the surrounding area, will provide for the availability for a wider range of goods and services in the community, will provide for additional and diversified employment opportunities and therefore will be compatible with the surrounding greater resort community. c. The site 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 uses of land in the neighborhood. The project site is 31.12 acres and is of adequate size to contain the proposed retail center. Conditions of approval address issues such as design and aesthetics, architecture, setbacks, potential cultural resources, final design, pedestrian enhancements, lighting, preservation of the night sky, parking lot shading, landscaping, signage, screening of parking area and drive through facilities, outdoor storage, loading, landscaping, general operations, bicycle access, and accessibility, in order to facilitate development of a project which is complimentaryto existing commercial, industrial and residential development in the vicinity. 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. Access to the project is adequately available via a major thoroughfare accessible to 1-10 and State Highway 111, Ramon Road, and a secondary thoroughfare, Crossley Road, and two Collector roads San Luis Rey and Sunny Dunes. Main entries for the project will be developed on Ramon Road and Crossley Road. Traffic evaluation and associated proposed mitigation indicates that the circulation systems is capable of carrying the type and quantity of traffic projected to be generated from the project. 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 modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, the City of Palm Springs Fugitive Dust Control Ordinance, and landscape, lighting and parking criteria. Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: The proposed Tentative Parcel Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The applicant is proposing the subdivision of 31.12 acres into seven (7) parcels for future development of 277,000 square feet of retail and commercial uses, and therefore, will be well within the parameters of the General Plan and will be consistent with Case No. 5.0957-CUP. The design of improvement of the proposed subdivision is consistent with the General Plan and Case No. 5.0957-CUP Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for related right of way dedications are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with Case No. 5.0957-CUPwill be implemented as part of the Tentative Parcel Map. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. In reviewing the development standards for the M-1 zone, each lot shall have a minimum lot size of 20,000 square feet, except lots that front on major thoroughfares, which shall have a minimum lot size of 40,000 square feet and minimum lot width and depth dimensions of 200 feet. Parcels 4 and 5, which are located directly on Ramon Road, do not meet the minimum lot depth and dimensional criteria of M-1 zone. Both lots do meet the minimum size requirements. Because the entry driveway is curved and has been designed to moderate traffic speeds and evenly distribute traffic throughout the project, these two parcels do meet the minimum 200' required depth. Both lots do comply with minimum width and area requirements. However, lot sizes can vary from these standards through the approval of a Master Plan. The preliminary site plan indicates that buildings and parking are proposed on Parcels 4 and 5 in addition street side landscape and wall improvements are proposed on these parcels. Since these parcels are shown as an integrated part of the on - site improvements for the Destination Ramon project, the proposed site plan qualifies as a Master Plan and the minimum lot size and dimension standards can be waived in this situation. When specific buildings are proposed on Parcels 4 and 5, their development will be subject to further consideration of the Planning Commission and, if required by the Zoning Ordinance, the City Council. The Tentative Parcel Map covers a site (31.12 acres) that is proposed for development of 277,000 square feet of retail uses. The Tentative Parcel Map illustrates parcels consistent with the proposed development. There will be no incompatibility issues as the subject property is surrounded by commercial and industrial uses and Ramon Road to the north, Crossley Road, vacant land and industrial uses to the east, the Sunny Dunes Road, vacant land and commercial and industrial uses to the south and San Luis Rey, and commercial uses to the west, Gene Autry Trail (Highway 111) further to the west, and the Palm Springs International Airport (PSP) located further to the north-west. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Final Environmental Impact Report. The incorporation of the mitigation measures, as part of the conditions of approval, as prescribed in the Final EIR will ensure that any potentially significant impacts will be reduced to a level of insignificance. A Statement of Overriding Considerations for Air Quality impacts which result from the project has been adopted by the Planning Commission. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish orwildlife or their habitat. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The Tentative Parcel Map, and subsequent design of the proposed improvements will follow the conditions of approval associated with Case 5.0957-CUP, including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Ramon Road is already improved to major thoroughfare standards including sidewalk, curb, and gutter. Crossley Road has been improved to Secondary thoroughfare standards including sidewalk, curb, and gutter. Bus turnouts will be provide on Ramon Road. Bicycle paths will be provided on Ramon Road. Bicycle paths will be provided along Crossley Road. Sunny Dunes and San Luis Rey Drive has previously been improved to City General Plan standards as a Collector road. The Tentative Parcel Map identifies all right of ways and easements affecting the property and provides for access to all parcels within the property and provides for dedication of easements for pedestrian and bicycle access way, where necessary. The project also provides for improvements which meet California State Accessibility standards. Sky Point Drive is not a General Plan street, therefore, the proposed vacation of the Right of Way is consistent with the Circulation Element of the General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.0957-CUP, Destination Ramon, and hereby recommends that the City Council Approve Tentative Parcel Map 30745, pursuant to the conditions of approval, and finds that the vacation of the right of way of Sky Point Drive is consistent with the General Plan. ADOPTED this 20 Day of March, 2004. CITY OF PALM SPRINGS, CALIFORNIA hatoa 12 Planning CIf ommission Secretary