HomeMy WebLinkAboutPC Resolution _6257- Case 5.1275 CZ 7.1369 AMM TPM WAIVER 36538RESOLUTION NO. 6257
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CASE 5.1275 CZ / 7.1369 AMM / TPM
WAIVER 36438, A REQUEST FOR A CHANGE OF ZONE
FROM C-1-AA (LARGE SCALE RETAIL COMMERCIAL) TO
C-1 (COMMERCIAL RETAIL) AND A TENTATIVE PARCEL
MAP WAIVER TO RECONFIGURE TWO PARCELS
WITHIN A ROUGHLY 1.38-ACRE PARCEL MAP AT THE
NORTHEAST CORNER OF TAHQUITZ CANYON WAY
AND SUNRISE WAY, SECTION 13/T4/R4; APN'S 502-065-
018 and 008.
WHEREAS, Wessman Holdings, LLC, "applicant", has filed an application with the City
pursuant to Section 94.07.00 (Change of Zone) of the Zoning Code seeking approval
for a zone change from Large Scale Retail Commercial (C-1-AA) to Commercial Retail
(C-1)~2) for a roughly 1.38-acre parcel at the northeast comer of Tahquitz Canyon Way
and Sunrise Way; and
WHEREAS, the applicant has also filed an application with the City pursuant to Chapter
9.62 of the City's Municipal Code (Maps) and Section 66474 of the State of California
Subdivision Map Act, for a Tentative Parcel Map waiver, proposing to reconfigure two
lots within the same 1.38 acre parcel map, and
WHEREAS, a notice of public hearing for Case 5.1275 CZ / 7.1369 AMM / TPM
Waiver 36438 was given in accordance with applicable law; and
WHEREAS, on March 14, 2012, a public meeting on Case 5.1275 CZ / 7.1369 AMM /
TPM Waiver 36438 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") An Initial Study was conducted and the
project was found to have no significant impacts to the environment. A Notice of Intent
to Adopt a Negative Declaration was prepared and circulated for public comment for a
period of 20 days. No new information was discovered that would require further
analysis under CEQA; 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 California Environmental Quality Act (CEQA)
Guidelines, the Planning Commission recommends that the City
Council adopts a Negative Declaration for the project.
Planning Commission Resolution No. 6257 March 14, 2012
Case 5.1275 CZ 17.1369 AMM / TPM 36438 Waiver Page 2 of 6
SECTION 2: Pursuant to PSZC Section 94.07.00 (Change of Zone), the
Planning Commission finds as follows:
1. The proposed change of zone is in conformity with the general plan map
and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The proposed change from C-1-AA to C-1 conforms to the General Plan Land Use
Designations of Neighborhood Community Commercial (NCC) and Office (0) in terms
of uses on the site (which are commercial and office type uses) and the development
density which is below the maximum 0.35 FAR for each proposed parcel. The Change
of Zone is also consistent with policies of the General Plan as follows:
Policy LU4.1 Ensure that sufficient land is designated for commercial use
in appropriate areas to support the current and future needs of the
community and surrounding areas in a manner that responds to the
changing market conditions. 0
The proposed zone change from C-1-AA to C-1 and the proposed Tentative Parcel Map
is consistent with this policy. The land at this location is appropriate for commercial
uses because it is at the intersection of two major thoroughfares and provides
commercial and retail amenities to nearby residential neighborhoods.
Policy LU9.I Ensure that development meets or exceeds the
requirements and standards specified within each land use designation.
The existing commercial and office development on the subject parcels is developed
with uses and densities that are consistent with the standards for the land use
designation in which they are located. .
2. The subject property is suitable for the uses permitted in the proposed
zone, in terms of access, size of parcel, relationship to similar or related
uses, and other considerations deemed relevant by the commission and
council.
The application proposes two (2) lots each of which are conforming to the minimum
size and dimensional requirements for the C-1 zone. The parcels are both fully
developed with commercial and office uses that are permissible in the proposed C-1
zone. The parcels are located along major thoroughfares which have adequate
capacity and physical configuration to provide safe and appropriate access to each of
the proposed parcels. .
Planning Commission Resolution No. 6257 March 14, 2012
Case 5.1275 CZ / 7.1369 AMM / TPM 36438 Waiver Page 3 of 6
3. The proposed change of zone is necessary and proper at this time, and is
not likely to be detrimental to the adjacent property or residents.
The change of zone request allows reconfiguration of the parcels in a manner that is
consistent with the development standards for the C-1 zone. As they presently exist,
the lots would be considered "legal non -conforming" because they are less than the
required minimum two acre lot size of the C-1-AA zone. The parcels are currently fully
developed with uses and structures that are consistent with the C-1 zone. The change
of zone is not detrimental to residential zones in the vicinity because the sites are
developed with uses and structures that are supportive and convenient to the adjacent
residential zone.
SECTION 3: Findings for the Administrative Minor Modification
Pursuant to Zoning Code Section 94.06.01(A)(5), Findings are hereby made in support
of the Administrative Minor Modification seeking reduction in the front yard setback from
75 feet from the centerline of the street right-of-way to 70 feet for Parcel 2 along
Tahquitz Canyon Way:
The requested minor modification is consistent with the General Plan,
applicable Specific Plan(s) and overall objectives of the zoning ordinance.
The General Plan designation for this property is O (Office). There is no General Plan
Policy that would be adversely affected by this modification nor are their any specific
plans associated with this property. The overall objective of the Palm Springs Zoning
Code is the comprehensive and orderly planned use of land resources. The
administrative minor modification establishes the findings and guidelines necessary to
cant' out minor but orderly development of exceptions to the ordinance. Section
94.06.01(A)(5) of the Palm Springs Zoning Code (PSZC) specifically allows for a 20%
reduction of the required front yard set -backs and staff concludes that the request has
met the finding.
2. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the minor modification.
The set -back reduction request is to bring an existing development into conformance
with the current zoning development standards for front yard setbacks along Tahquitz
Canyon Way. The structures on the site were constructed around 1977 and the
condition of the front yard setback at 70 feet from the Tahquitz centerline instead of the
required 75 foot front yard setback has not adversely affected the neighboring
properties and Staff concludes that the request has met this finding.
3. The approval of the minor modification will not be detrimental to the
health, safety, or general welfare of persons residing or working on the
site or in the vicinity.
Planning Commission Resolution No. 6257 March 14, 2012
Case 5.1275 CZ 17.1369 AMM I TPM 36438 Waiver Page 4 of 6
All construction on the site has existed for many years without detriment to the persons
on or around the site. Consequently, staff concludes that the request has met the
finding.
4. The approval of the minor modification is justified by environmental
features, site conditions, location of existing improvements, or historic
development patterns of the property or neighborhood.
The proposed reduction in setbacks is an administrative action to bring existing
conditions into conformance to enable processing of the requested zone change and
tentative parcel map waiver. The set -back reduction is justified because it reflects
existing conditions that have been in place for many years without detrimental effect.
SECTION 4: Parcel Map Waiver Findings
The approval of the map waiver is dependent on the Planning Commission findings that
the proposal complies with applicable requirements as to area, general plan,
improvements and design, floodwater drainage control, appropriate improved public
roads, sanitary disposal facilities, water supply availability, environmental protection,
and other requirements of this title.
1. Compliance with minimum Area requirements
The C-1 zone specifies minimum lot dimensions of 100 feet by 150 feet and a minimum
lot area of 20,000 gross square feet. The proposed lots conform to these area
requirements.
2. Consistency with the General Plan
The subject property lies within two land use designations of the General Plan:
Neighborhood Community Commercial (NCC; 0.35 FAR) and Office (O; 0.35 FAR).
The "NCC" land use designation encourages convenience commercial uses that serve
adjacent residential neighborhoods. The "O" land use designation allows for
development of office uses. Retail uses in this district should be limited to uses directly
related to office operations, such as restaurants, office supply stores and pharmacies
associated with a medical building. Both land uses have a maximum floor area ratio
(FAR) of 0.35
An analysis of the floor area ratio of the existing development for both parcels is shown
here:
Parcel 1: (Del Taco Building) 2,759 square feet. Proposed lot area: 24,630 square
feet. FAR: 0.15: conforms.
Parcel2: (Retail 1 Office Buildings total 9,190 square feet. Proposed lot area:
35,054 square feet. FAR: 0.26: conforms.
Planning Commission Resolution No. 6257 March 14, 2012
Case 5.1275 CZ 17.1369 AMM 1 TPM 36438 Waiver Page 5 of 6
The proposed change of zone and parcel map were evaluated and found to be
consistent with policies and goals of the City's General Plan as follows:
Policy LU4. Ensure that sufficient land is designated for commercial use
in appropriate areas to support the current and future needs of the
community and surrounding areas in a manner that responds to the
changing market conditions.
The proposed zone change from C-1-AA to C-1 and the proposed Tentative Parcel Map
is consistent with this policy because the land at this location is appropriate for
commercial uses because it is at the intersection of two major thoroughfares and is
adjacent to residential neighborhoods. The site is fully developed with commercial and
office uses that are conveniently adjacent to nearby residential neighborhoods.
Policy LU9.1 Ensure that development meets or exceeds the
requirements and standards specified within each land use designation.
The existing commercial and office development on the subject parcels is developed
with uses and densities that are consistent with the standards for the land use
designation in which they are located. .
3. Compliance in terms of existing improvements and design
Street improvements are already installed. There are no improvements proposed for
the reconfiguration of the lots under consideration.
4. Compliance with requirements for floodwater drainage control, appropriate
improved public roads, sanitary disposal facilities, water supply
availability, and environmental protection.
The subject property is not located within a flood zone. Both proposed parcels have
access to an improved public road. Sanitary sewer service is available in this area and
the buildings are connected to the City sewer. Water service is available subject to the
terms, conditions, limitations and restrictions set forth by Desert Water Agency. The
streets are already improved and all utilities exist and are operating on the premises.
Planning Commission Resolution No. 6257
Case 5.1275 CZ 17,1369 AMM 1 TPM 36438 Waiver
March 14, 2012
Page 6 of 6
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council approves Case 5.1275 CZ 1
7.1369 AMM 1 TPM Waiver 36438; a change of zone from Large Scale Retail
Commercial Retail (C-1-AA) to Commercial Retail (C-1) and a Tentative Parcel Map
waiver reconfiguring two lots within a roughly 1.38 acre parcel at the northeast corner of
Tahquitz Canyon Way and Sunrise Way, subject to the attached conditions set forth in
Exhibit A.
ADOPTED this 14th day of March 2012.
AYES: 6, Klatchko, Chair Donenfeld, Conrad, Munger, Hudson and Roberts
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
EN
0
RESOLUTION NO.6257
EXHIBIT A
Case 5.1275 CZ 1 TPM Waiver 36438
Northeast comer of Sunrise Way and Tahquitz Canyon Way
March 14, 2012
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
(5.1275 CZ 1 TPM Waiver 36438); except as modified with the approved
Mitigation Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (January 3, 2012),
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. Tentative Map. This approval is for Tentative Parcel Map 36438 located at the
northeast corner of Tahquitz Canyon Way and Sunrise Way, date stamped
January 3, 2012. This approval is subject to all applicable regulations of the
Subdivision Map Act, the Palm Springs Municipal Code, and any other
applicable City Codes, ordinances and resolutions.
Resolution No. 6257
Conditions of Approval
Case 5.1275 CZ 17.1369 AMM 1 TPM Waiver 36438
Page 2 of 6
March 14, 2012
ADM 6. 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 5.1275 CZ 17.1369 AMM 1 TPM Waiver 36438. 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 7. 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, wails, 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 8. 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 9. Maintenance of Outdoor Seating/Dining. 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.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan CVMSHCP
Local Development Mitigation Fee (LDMF) NOT required. 0
Resolution No. 6257
Conditions of Approval
Case 5.1275 CZ 17.1369 AMM 1 TPM Waiver 36438
Page 3 of 6
March 14, 2012
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. All future changes in exterior lighting plans
shall be submitted to the Planning Department for conformance with the City's
Outdoor Lighting Ordinance, including a photometric site plan showing the
project's conformance with Section 93.21.00 Outdoor Lighting Standards prior
to issuance of a building permit. Manufacturer's cut sheets of all exterior
lighting on the building and in the landscaping shall be included. If lights are
proposed to be mounted on buildings, down -lights shall be utilized.
PLN 2. Water Efficient Landscaping Conformance. Any future changes in
landscaping greater than 2,500 square feet are required to conform to the
State Water Efficient Landscape Ordinance. Landscape plans shall be wet
stamped and approved by the Riverside County Agricultural Commissioner's
Office prior to submittal. Prior to submittal to the City, landscape plans shall
also be certified by the local water agency that they are in conformance with
the water agency's and the State's Water Efficient Landscape Ordinances.
PLN 3. Sian Applications Reguired. 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. All multi -tenant buildings are required to have
an approved sign program. The applicant shall submit a sign program to the
Department of Planning Services prior to the issuance of any future building
permits or future sign permits.
PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 5. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on any existing or proposed building(s) that are
visible from adjacent streets or residential and commercial areas.
PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
Resolution No. 6257
Conditions of Approval Page 4 of 6
Case 5.1275 CZ 17.1369 AMM 1 TPM Waiver 36438 March 14, 2012
PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 9. 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 10. Cross Easements & CC&R's. Prior to finalization of the Parcel Map Waiver,
the" applicant is to provide to the City copies of the cross -easements for
parking and access and copy of the CC&R's for both parcels.
POLICE DEPARTMENT CONDITIONS
POL I. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1. The Engineering Division recommends deferral of off -site improvement items
(identified as "Deferred) at this time due to lack of full improvements in the
immediate area. The owner shall execute an agreement, subject to the
approval of the City Attorney, agreeing to construct all required street
improvements upon the request of the City of Palm Springs City Engineer at
such time as a modification or expansion of use of the existing Del Taco
building is proposed that exceeds $300,000. The agreement shall be
executed and notarized by the property owner(s) prior to approval of a
Certificate of Compliance by the City Engineer. A current title report; or a copy
of a current tax bill and a copy of a vesting grant deed shall be provided to
verify current property ownership. The applicant shall submit a draft
Resolution No. 6257
Conditions of Approval
Case 5.1275 CZ / 7.1369 AMM / TPM Waiver 36438
Page 5 of 6
March 14, 2012
agreement for review by the City Attorney as necessary to facilitate this
requirement.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits. Deferred
SUNRISE WAY
ENG 3. Remove the existing 6 inch curb and gutter located 32 feet east of centerline
and replace with an 8 inch curb and gutter located 38 feet east of centerline
along the entire frontage to match existing curb and gutter north of the site,
with a 35 feet radius curb return and spandrel at the northeast comer of the
intersection of Sunrise Way and Tahquitz Canyon Way in accordance with
City of Palm Springs Standard Drawing No. 200 and 206. Deferred
ENG 4. Relocate the existing catch basin and storm drain improvements as
necessary to facilitate the widening of Sunrise Way. Deferred
ENG 5. Remove existing street improvements as necessary to construct the north half
of an 8 feet wide cross gutter and spandrel at the northeast corner of the
intersection of N. Sunrise Way and E. Tahquitz Canyon Way with a flow line
parallel with and located 38 feet east of the centerline of Sunrise Way in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
Deferred
ENG 6. Remove the existing 10 feet wide sidewalk along the entire frontage and
construct a 12 feet wide Class I meandering bicycle path (Caltrans Design
Manual, Chapter 1000 - Bikeway Planning and Design) along the entire
frontage and in accordance with the Appendix F of the 2007 General Plan.
The bicycle path shall be constructed of colored Portland cement concrete.
The admixture shall be Desert Sand, Palm Springs Tan, or approved equal
color by the Engineering Division. Additional right-of-way shall be dedicated
as needed for any portion of the bicycle path that leaves the existing public
right-of-way. Remove existing landscaping, palm trees, public water system
appurtenances, and Riverside County Flood Control & Water Conservation
District catch basin inlet as necessary to construct proposed bicycle path.
Deferred
ENG 7. Remove the existing curb ramp located at the northeast corner of the
intersection of Sunrise Way and Tahquitz Canyon Way, as well as traffic
signal pole and appurtenances as necessary, to construct a Type A curb
ramp meeting current California State Accessibility standards at the northeast
corner of the intersection of Sunrise Way and Tahquitz Canyon Way in
accordance with City of Palm Springs Standard Drawing No. 112. Deferred
Resolution No. 6257
Conditions of Approval
Case 5.1275 CZ 17.1369 AM I TPM Waiver 36438
Page 6 of 6
March 14, 2012 f
ENG 8. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal, from
edge of proposed gutter to clean sawcut edge of pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 110
and 340. Additional pavement removal and replacement may be required
upon review of existing pavement cross -sections, and to ensure grade breaks
of the pavement cross-section do not occur within a travel lane. If an
alternative pavement section is proposed, the proposed pavement section
shall be designed by a California registered Geotechnical Engineer using "R"
values from the project site and submitted to the City Engineer for approval.
Deferred
MAP
ENG 9. The applicant shall submit an application to the Engineering Division for a
Certificate of Compliance, prepared by either an appropriately licensed
registered Civil Engineer or a Land Surveyor.
TRAFFIC
ENG 10. Relocate and modify the existing traffic signal poles, conduit, pull boxes and
all appurtenances located on the northeast corner of the intersection of N.
Sunrise Way and E. Tahquitz Canyon in accordance with the requirements of
the City of Palm Springs. The applicant shall submit traffic signal modification
plans prepared by a California registered civil engineer or traffic engineer for
review and approval by the City Engineer. Deferred
FIRE DEPARTMENT CONDITIONS
No conditions.
END OF CONDITIONS