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HomeMy WebLinkAboutPC Resolution _6068- Case 5.1142- CUPRESOLUTION NO. 6068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 5.1142 LOCATED AT 333 NORTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15. WHEREAS, Rhonda Swanson ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for a Conditional Use Permit to allow the operation of a full -service financial institution in an existing vacant office faci#ity 333 North Palm Canyon Drive, Zone C-B-D, Section 15; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.142 — CUP was given in accordance with applicable law; and WHEREAS, on February 14, 2007, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (°CEQA"), and has been determined to be Categorically Exempt as a Class III exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines; 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: Pursuant to the requirements of Section 94.02.00(B)(6), the Planning Commission finds: The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code requires the Planning Commission to make a number of findings for approval of the permit. Those findings are analyzed by staff in order below: 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Financial services within the Historic Village Center of the C-B-D are allowed with the approval of a CUP by Ordinance No. 1701. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is in harmony with the various elements or objectives of the general plan, and is not detriment6l to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Planning Commission Resolution Case 5.1142 - CUP February 14, 2007 Page 2 of 5 The project is consistent with Policy 3.15.1 of the General Plan relating specifically to the DowntownlC-B-D area. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project does not propose any exterior changes to the site. A Minor Architectural Application (MAA) is required if automated teller machines are placed in the exterior of the building facing Palm Canyon Drive. Any adjustments to the project site will be internal and the existing conditions are adequate to the use. 4) 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 project site is located along North Palm Canyon Drive, which is designated as a major thoroughfare by the General Plan Circulation Element. The proposed parking has been determined to be existing non -conforming and the public parking area across the street appear to be adequate to serve the demand of the proposed use. 5) 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 modification of the zone's property development standards. Such conditions may include: a. Regulation of use b. Special yards, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. k. Regulation of time for certain activities I. Time period within which the proposed use shall be developed m. Duration of use 0 n. Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and Planning Commission Resofution February 14, 2007 Case 5.1142 - CUP Page 3 of 5 purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. There is no change to the existing site plan and no conditions are required to accommodate the new use on the site. Staff has included Conditions of Approval to provide parameters and restrictions for the proposed use. ADDITIONAL FINDINGS: Ordinance No. 1701 places additional controls to financial institutions opening in the Historic Village Center as defined in the ordinance. The Conditional Use Permit process described in Section 5 of the ordinance subjects the application to the following conditions prior to approval. Those conditions are analyzed by staff in order below: A.) The total floor area of the proposed financial institution use, when added to any existing street level office and/or financial institution use in the affected building, is the lesser of not more than 2,500 square feet or 25% of the total floor area of the street level area. The following are the floor area square footage for each suite located on the first floor of the buildings facing Palm Canyon Drive. BuildingA suite 101A - 693 sq. ft. suite 101 B -1250 sq. ft. suite 102 -1382 sq. ft. suite 103 - 813 sq. ft. Building B suite 104A -1125 sq. ft. suite 104B - 344 sq. ft. suite 105 -1475 sq. ft. Building C suite 108A - 560 sq. ft. suite 108B - 817 sq. ft. suite 109 -1159 sq. ft. Total area of street -level suites: 9,618 sq. ft. The proposed branch of Palm Desert National Bank will occupy suite 102, an existing 1,382 square feet retail shop, which is 14.3 % of the total floor area of street -level suites. The bank will be in conformance to this condition. B.) The Planning Commission, or if appealed, the City Council, finds on the basis of Planning Commission Resolution February 14, 2007 Case 5.1142 - CUP Page 4 of 5 substantial evidence on the record that a financial institution use would be more compatible with the existing and planned uses in the vicinity of the proposed use than a retail commercial use on the street level at the proposed location and that a financial institution use would be more beneficial than a retail commercial use in implementing applicable land use policies of the City Council or the City's Community Redevelopment Agency, including the Palm Springs General Plan and any applicable Amended and Restated Redevelopment Plan. Staff finds that in both the City's General Plan and CBD Redevelopment Plans that there is a desire to encourage mixed uses in the downtown area. General Plan Policy 3.15.1 states the following: "Encourage a full diversity of high -quality uses, attractive to both the resident and the visitor, including especially retail, entertainment, cultural, food sales and service, offices, furniture, and financial and personal services." Staff has determined that Palm Desert National Bank contributes to the diversity of high -quality uses providing financial and personal services. Furthermore, one of the goals of the Redevelopment Plan is to promote economic development. The opening of the Palm Springs branch of Palm Desert National Bank will make it the only bank within the Historic Village Center. Staff believes that in order for mixed -uses with residential components to succeed in Downtown like the Rael Project, services like banks will need to be within walking distance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1142 - CUP. ADOPTED this 14 day of February, 2007. AYES: 5 / Hutcheson/Cohen/HochanadellCaffreylScott NOES: None ABSENT: 1 / Ringlein ABSTAIN: 1 / Marantz ATTEST: CITY OF PALM SPRINGS, CALIFORNIA K Case No. 5.1142 -CUP 333 NORTH PALM CANYON DRIVE February 14, 2007 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. PROJECT SPECIFIC CONDITIONS: 1. The Applicant shall apply for a Minor Architectural Application (MAA) before automated teller machines can be installed on the exterior of the building. 2. This Conditional Use Permit is valid only for the Applicant (Palm Desert National Bank) on this site. This CUP shall be null and void upon the cessation of operation by the Applicant on this site. PLANNING DEPARTMENT: 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. 1 a. 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 5.1142 - CUP. 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 Planning Commission COAs February 14, 2007 Case 5.1142 — CUP Page 2 of 3 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 94.02.00 (1) of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 3. Commencement of the Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 4. 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. 5. Separate architectural approval and permits shall be required for all signs. 6. The street address numbering/lettering shall not exceed eight inches in height. 7. No sirens, outside paging, music speaker system or any type of signalization will be permitted, except approved alarm systems. 8. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. FIRE 1. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) no Planning Commission COAs February 14, 2007 Case 5.1142 — CUP Page 3 of 3 2. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Fire Extinguishers must be present in both the lobby area and the oil change area. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. BUILDING 1. The applicant will obtain permits for all construction involved with the site. Eo W- EO