HomeMy WebLinkAboutPC Resolution _6206-Case 5.0406 PDD 183 555 S Sunrise wayRESOLUTION NO. 6206
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
PLANNED DEVELOPMENT DISTRICT 183; THEREBY
APPROVING A THRIFT SHOP OPERATED BY A
CHARITABLE ORGANIZATION AT THE PLAZA AT
SUNRISE SHOPPING CENTER, LOCATED AT 555 SOUTH
SUNRISE WAY.
WHEREAS, Wessman Development, (the "Applicant") has filed an application with the
City pursuant to Section 94.03.00(G) of the Palm Springs Zoning Code to amend
Planned Development District 183 to allow a thrift shop operated by a charitable
organization at the Plaza at Sunrise Shopping Center located at 555 South Sunrise Way
Suites 305 & 306, Zone PD 183, Section 23; and
WHEREAS, on August 13, 1986, the Planning Commission voted to recommend that
the City Council approve Case No 5.0406- PD 183; and
WHEREAS, on September 17, 1986, the City Council approved Case No 5.0406-PD
183; and
WHEREAS, on June 22, 2011, a public meeting 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 meeting on the project, including but not
limited to the staff reports, all written and oral testimony submitted by the applicant, and
all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the requirements of Section 94.03.00(G), of the Zoning Code,
the Planning Commission finds:
1 j That the use is in keeping with the stated intent and purpose of the
Planned Development.
The proposed minor amendment to the Planned Development District includes the
introduction of a new service -related use, specifically a thrift shop operated by a
charitable organization, to PD-183. The proposed use is similar to other retail uses
permitted in the CDN zone, which are permitted by right within PD-183.
Section 2: The original approval of PD-183 determined that neighborhood servicing
retail uses associated with the CDN zone would be permitted in the Planned
Development. The presence of a thrift shop operated by a charitable organization will
not be detrimental to existing uses located within the shopping center.
Planning Commission Resolution No. 6206 June 22, 2011
Case 5.0406 PD-183 AMEND —The Plaza at Sunrise Shopping Center Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves the amendment to PDA 83 to allow a thrift shop operated
by a charitable organization within PD-183, located at 555 South Sunrise Way.
ADOPTED this 22nd day of June 2011.
AYES: 6, Klatchko, Conrad, Roberts, Munger, Donenfeld and Chair Caffery
NOES: None
ABSENT: 1, Hudson
ABSTAIN: None
ATTEST:
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CITY OF PALM SPRINGS, CALIFORNIA
N IN
RESOLUTION NO.6206
EXHIBIT A
Case 5.04061 PD 183 - AMEMDMENT
555 South Sunrise Way
June 22, 2011
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.
PLANNING COMMISSION IMPOSED CONDITIONS
The Planning Commission at their June 22, 2011 meeting imposed the following
conditions of approval:
1) The Planning Commission action amends the Planned Development
District 183 to allow a thrift shop operated by a charitable organization at
Suites 305 and 306 only. No other tenant spaces within the PD are
eligible for this use.
2) The Planning Commission will review on a case by case basis all future
requests for other thrift stores operated by a charitable organization
located in Suites 305 and 306.
3) Donations only be permitted at the Palm Springs High School site and not
permitted at the retail store.
4) Larger donated items to utilize a scheduled pick-up system.
5) All signage to be in compliance with approved sign program.
6) The area surrounding the store shall be monitored regularly for donated
items and that no goods be left outside for more than 24-hours.
7) No outdoor display of any goods is permitted at any time.
Resolution No. 6206
Conditions of Approval Page 2 of 3
Case 5.04061 PD 183 Amendment to Allowed Uses June 22, 2011
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.0406 / PD 183; except as modified with conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped June 22, 2011, including
site plans, architectural elevations, exterior materials and colors, landscaping,
and grading on file in the Planning Division except as modified by the
approved Mitigation Measures and conditions below.
ADM 3. 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 4. 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 5. 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 5.0406 / PD 183. 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 judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. 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
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Resolution No. 6206
Conditions of Approval
Case 5.0406 / PD 183 Amendment to Allowed Uses
Page 3 of 3
June 22, 2011
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
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. Maintenance of Outdoor Seatin,IDini_ng. Daily cleaning and wash down of
sidewalks for any outdoor seating areas or paseos will be required. Contact
Parks & Recreation at 760 323 8281 for information regarding the proper
method of cleaning of sidewalks and pavers within the public rights -of -way.
ADM 9. 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.
PLANNING DEPARTMENT CONDITIONS
PLN 1. 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. The applicant shall submit a sign application
consistent with the approved sign program for the shopping center.
PLN 2. Exterior Alarms &„Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 3. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 4. 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 5. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS
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