HomeMy WebLinkAboutPC Resolution _6253- Case 5.1269 CUPRESOLUTION NO. 6253
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA DENYING
CASE 5.1269 CUP; A CONDITIONAL USE PERMIT FOR
THE ESTABLISHMENT OF A CONVENIENCE STORE USE
AT 611 SOUTH PALM CANYON DRIVE.
WHEREAS, Lend Lease for 7-Eleven, "applicant", has filed an application with the City
pursuant to Section 94.02.00 (Conditional Use Permit) of the Zoning Code seeking
approval to establish a convenience store use of approximately 3,574 square feet at
611 South Palm Canyon Drive, APN: 513-290-015, Zone PD-77, Section 22/T4/R4; and
WHEREAS, a notice of public hearing for Case 5.1269 CUP was given in accordance
with applicable law; and
WHEREAS, on September 14, 2011, a public hearing on Case 5.1269 CUP was held
by the Planning Commission in accordance with applicable law; and
WHEREAS, on September 14, 2011, the Planning Commission continued Case 5.1269
CUP to a date uncertain and requested that the applicant meet with surrounding
neighborhoods, landlords and law enforcement to adequately address the concerns of
the neighborhood related to signage, lighting and security; and
WHEREAS, a notice of public hearing for Case 5.1269 CUP was given in accordance
with applicable law; and
WHEREAS, on February 22, 2012, a public hearing on Case 5.1269 CUP 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") The project has been evaluated in
accordance with the guidelines of CEQA and determined to be Categorically Exempt
pursuant Section15301 (Existing Facilities), 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 Zoning Ordinance Section 94.02.00 (B), the following findings
cannot be made for the request:
b. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
Planning Commission Resolution No. 6253
Case 5.1269 CUP Convenience Store at 611 S. Palm Canyon Dr.
March 14, 2012
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;
A convenience store use is not necessary at this location because:
1. Convenience foods and goods are generally offered by nearby retail and
convenience establishments. Some of these stores include a 24-hour pharmacy
store at 366 South Palm Canyon Drive, a liquor store at 1109 South Palm
Canyon Drive and a liquor store at 1400 South Palm Canyon Drive. Therefore,
the proposed convenience store use at 611 South Palm Canyon Drive is not
necessary for the development of the community.
2. An existing nightclub use and the proposed convenience store would operate at
the subject site during the same times of the day and share the same parking lot.
Furthermore, off-street parking needs of the proposed convenience store are not
believed to be sufficient at the commercial complex. Therefore, the proposed
use may be detrimental to existing uses in the zone in which the proposed
convenience store would be located.
e. 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:
i. Regulation of use,
ii. Special yards, space and buffers,
iii. Fences and walls,
iv. Surfacing of parking areas subject to city specifications.,
V. Requiring street, service road or alley dedications and
improvements or appropriate bonds
vi. Regulation of points of vehicular ingress and egress,
vii. Regulation of signs
vili. Requiring landscaping and maintenance thereof
ix. Requiring maintenance of the grounds
X. Regulation of noise, vibration, odors, etc.
xi. Regulation of time for certain activities
xii. Time period within which the proposed use shall be
developed,
xiii. Duration of use,
xiv. Dedication of property for public use,
xv. And 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
u
Planning Commission Resolution No. 6253 March 14, 2012
Case 5.1269 CUP Convenience Store at 611 S. Palm Canyon Dr. Page 3 of 3
measures outlined in an environmental assessment.
Security personnel would better serve the proposed convenience store use at the
subject site during the nighttime hours, and none are proposed. It is concluded that the
Conditions of Approval related to the Conditional Use Permit cannot be identified to
adequately mitigate the security and safety concerns of the proposed use in the mixed -
use shopping complex, and therefore the use would not be beneficial to the future
economic vitality and general welfare of the City.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby denies Case 5.1269-CUP; a Conditional Use Permit request to
operate convenience store use within the Sun Center at 611 South Palm Canyon Drive.
ADOPTED this 14th day of March 2012.
AYES: 6, Roberts, Hudson, Conrad, Munger, Klatchko and Chair Donenfeld
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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