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HomeMy WebLinkAboutPC Resolution _6168- Case 5.1255- CUPRESOLUTION NO. 6168 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1255 CONDITIONAL USE PERMIT FOR AN INSTITUTION OF CHARITABLE NATURE LOCATED AT 610 SOUTH BELARDO ROAD. WHEREAS, Desert Sun Center LLC ("Applicant") for Golden Rainbow Center — SAGE has filed an application with the City pursuant to Section 94.02.00 of the Zoning Code to distribute food baskets of groceries to economically disadvantaged I disabled senior citizens at 610 South Belardo Road, Suite 500, Zone PD-77, Section 22; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1255 CUP was given in accordance with applicable law; and WHEREAS, on December 8, 2010, a public hearing on the application for Conditional Use Permit Case No. 5.1255 CUP was held by the Planning Commission in accordance with applicable law; and WHEREAS the proposed ro p po 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 1 exemption (Existing Facilities) pursuant to Section 15301(e) 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: This project is categorically exempt from environmental review pursuant to Section 15301(e) (Class 1 — existing facilities) of the California Environmental Quality Act (CEQA). Section : Section 94.02.00(B)(6) of the Zoning Code requires the Planning Commission not approve a Conditional Use Permit unless it finds as follows: 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. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the t Planning Commission Resolution No. 6168 Case No. 5.1255 — CUP December 8, 2010 Page 2 of 3 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. 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. 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. 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 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 purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. Section 3: Based upon the foregoing, the Planning Commission finds as follows: 101 W- 1. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, an institution of charitable nature is authorized within the PD-77 Zone with the approval of a Type 11 Conditional Use Permit. Planned Development District 77 does not expressly prohibit institutions of a philanthropic or charitable nature. O 2. The General Plan designation of the subject site is MU 1 MU (Mixed Use / Multi - Use). The General Plan states, "Specific uses intended in these areas include Planning Commission Resolution No. 6168 Case No. 5.1255 -- CUP December 8, 2010 Page 3 of 3 community -serving retail commercial, professional offices, service businesses, restaurants, daycare centers, public and quasi public uses." The proposed use is the distribution of food bags to senior or disabled citizens; this can be categorized as a service business. 3. The project does not propose any exterior changes to the site. The existing site is a large mixed -use commercial complex with a variety of office and commercial uses. The proposed use will operate in a 1,500 square -foot tenant space and only on Sunday mornings when offices are typically closed. Therefore, the site for the intended use is adequate in size and shape to accommodate such use to those existing or permitted future uses of land in the neighborhood. 4. The project site is located along South Palm Canyon Drive, which is a Major Thoroughfare, and South Belardo Road, which is a Collector Street, according to the General Plan Circulation Element. Both of these two-way streets are fully paved and include sidewalks. The food distribution services will be held on Sundays for two hours only. The proposed use will be adequately served by the existing parking on the site, and the use is expected to generate minimal traffic. 5. There are no changes proposed to the existing site plan. Staff has included Conditions of Approval such as restricting hours and days of operation, prohibiting outdoor storage, requiring property maintenance by owner/tenant and others to insure the proposed use will protect the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1255 — CUP, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 8{" day of December 2010. AYES: 7, Klatchko, Scott, Hudson, Munger, Conrad, Vice Chair Scott and Chair Caffery NOES: None ABSENT: None ABSTAIN: None ATTEST: i ing, gpP Dire r of Pla tjig Services CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO.6168 EXHIBIT A Case 5.1255 CUP (name and number) Golden Rainbow Center — SAGE 610 South Belardo Road December 8, 2010 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 Director of Building and Safety, 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. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1255 CUP, except as modified by the conditions below. ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 3. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 4. Indemnification. 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 5.1255 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 not, thereafter, be W Resolution No. 6168 Conditions of Approval 5.1255 CUP — Golden Rainbow Food Distribution Program Page 2 of 4 December 8, 2010 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 5. _Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, 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. ADM 6. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Once the use has commenced operation, the Conditional Use Permit does not have a time limit, provided the project has remained in compliance with all conditions of approval. ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 8. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on -site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on -site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. ADM 9. Grounds for Revocation. 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 Policy or the Director of Building Resolution No. 6168 Conditions of Approval 5.1255 CUP — Golden Rainbow Food Distribution Program Page 3 of 4- December 8, 201 D and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the 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. ADM 10. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1. Hours 1 Days of Operation. The- applicant shall be required to maintain the opening hours as stated on the Conditional Use Permit application. Hours of operation shall be from 8:00 a.m. to 10:00 a.m. on Sundays only. Any future modifications to the hours of operation shall require prior approval by the Planning Commission and the City reserves the right to modify or restrict the business hours based upon documented operational circumstances. PLN 2. Operation Changes. The applicant/owner 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 Conditional Use Permit upon change of ownership is subject to review and approval by the City. PLN 3. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 4. Outside Storage _Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 5. No off -site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 6. (add any additional conditions imposed by the Planning Commission or City Council here POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. Al Resolution No. 6168 Conditions of Approval Page 4 of 4 5.1255 CUP — Golden Rainbow Food Distribution Program December 8, 2010 BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT CONDITIONS FID 1. The applicant will comply with all requirements of the Palm Springs Fire Department. END OF CONDITIONS Al m