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HomeMy WebLinkAboutPC Resolution _5038- Case 5.1062 CUPRESOLUTION NO. 5038 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CONDITIONAL USE PERMIT CASE NO. 5.1062, SUBJECT TO THE CONDITIONS STATED, FOR TARBELI_ FINANCIAL CORPORATION, INC. TO OPERATE AN OFFICE USE EXCEEDING 2,500 SQUARE FEET WITHIN THE HISTORIC VILLAGE CENTER, LOCATED AT 123 NORTH PALM CANYON DRIVE, SUITE 141, ZONE CBD, SECTION 15. WHEREAS, Tarbell Financial Corporation, Inc. ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the operation an office use exceeding 2,500 square feet within the historic village center located at 123 North Palm Canyon} Drive, Zone CBD, Section 15; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit Case No.5.1062 was given in accordance with applicable law; and WHEREAS, on November 9, 2005, a public hearing on the application for Conditional Use Permit Case No. 5.1062 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures); 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, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The Planning Commission finds that this Conditional Use Permit is categorically exempt from environmental assessment per Section 15303 of the California Environmental Quality Act (CEQA) in that Section 15303 states that conversion of an existing structure is exempt from CEQA. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, 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 Zoning Ordinance. Section 92.09.01 (D)(1 1) authorizes Office uses in the historic village center with a CUP. b. The use applied for 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 General Plan designation for the subject property is Central Business District with the sub -area being the Desert Fashion Plaza. The Summary of Downtown Development Policies within the General Plan lists Professional and Business Services as one of the secondary economic focus activities for the sub -area. Policy 3.15.1 seeks to encourage a full diversity of high -quality uses, attractive to both the resident and the visitor, including especially retail, entertainment, cultural, food sales and services, offices, furniture, and financial and personal services. The proposed office use is within the "secondary economic activity focus" of the Desert Fashion Plaza sub -area of the Central Business District, it is compliant with the requirements of the General Plan. The proposed use is unlikely to have a detrimental impact on the existing or future uses within the Desert Fashion Plaza. According to data provided to the City Economic Development by John Husing, an economic consultant, the Inland Empire, of which Palm Springs is a part has less per capita office space than other urbanized areas with 4.7 square feet of office space per person. The Orange County area has approximately 30.4 square feet per person, Los Angeles 17.5 square feet per person and San Diego 16.4 square feet. While it is true that the Palm Springs economy is very different from the other areas mentioned, the injection of year-round economic uses into the downtown area could have a stimulating effect. 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 uses of the land in the neighborhood. The facility is an existing structure that will be converted into its current use, the site appears to be adequate to accommodate the use. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The property is located on a Major Thoroughfare as defined by the General Plan. The proposed land use is unlikely to significantly impact traffic circulation in the area as compared to the prior retail use. As part of the Desert Fashion Plaza, the use will have adequate Parking provided by the center's parking area. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The proposed permit is for a change of use within an existing structure and staff does not believe any operational conditions or site plan modifications are required. Upgrades to the property will be required as repairs and maintenance are proposed for the property in conformance with the requirements of the zoning code. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit Case No. 5.1062, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 9th day of November, 2006. AYES: 7 / Cohen/H utcheson/Marantz/Hocha nadel/Shoen berger/Roath/Ring lei n NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Ian n m si n Secretary RESOLUTION NO. 5038 EXHIBIT A Case No. 5.1062 Conditional Use Permit Tarbell Financial Corporation Inc. 123 North Palm Canyon Drive, Suite 141 November 9, 2005 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 Services, 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. PROJECT SPECIFIC CONDITIONS 0 1. The Conditional Use Permit is valid until an application to remodel of the Desert Fashion Plaza has been approved. After which time, a new Conditional Use Permit Application must be submitted to the Department of Planning Services for review of the proposals compatibility with the new design and land uses proposed. ADMINISTRATIVE 2. 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. 3. 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 5.1062. 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. 4. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 5. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. GENERAL CONDITIONS/CODE REQUIREMENTS 7. Subject to the limitations of Condition #1, the Conditional Use Permit approval shall in any event expire after two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 8. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 9. All awnings shall be maintained and periodically cleaned. 10. The street address numbering/lettering shall not exceed eight inches in height. 11. The applicant shall provide all tenants with Conditions of Approval of this project. 12. All signage must be obtained with permits from the City of Palm Springs Department of Planning Services. POLICE DEPARTMENT Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT Prior to any construction on -site, all appropriate permits must be secured. FIRE 1. Fire Protection Equipment & Building Construction: All fire protection equipment and assemblies shall be maintained at, or upgraded to, current Fire and Building codes. CFC 1001.5.1 & 1111.1 ADA COORDINATOR See Phil Kaplan.