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HomeMy WebLinkAbout18437 - RESOLUTIONS - 7/20/1994 RESOLUTION NO. 18437 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE PLANNING COMMISSION DECISION REGARDING AN AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (CASE 5 . 0177- PD-131) , AMENDING THE USES FOR BUILDING F ' WITHIN PD 131 IN THE EXISTING PLAZA DEL SOL RETAIL CENTER, LOCATED AT 1555 SOUTH PALM CANYON DRIVE, SECTION 22 WHEREAS, Ralphs Grocery Company has filed an appeal of the Planning Commission decision regarding Case 5 . 0177-PD-131, an application submitted by John Wessman for Ralphs Grocery Company for an amendment to PD 131, amending the uses permitted in Building F of Plaza del Sol ; and WHEREAS, pursuant to a Compromise Settlement and Mutual Release Agreement (Agreement) entered into by Ralphs Grocery Company and the City on March 17, 1994, the City agreed to process this application; and WHEREAS, the City Council waives the filing fee for the appeal in the interest of expeditious processing of this appeal and due to the fact that the City Council would be required to take action on the proposed PD Amendment pursuant to the Agreement; and WHEREAS, pursuant- to PD 131, approved by the City Council in November of 1981, Building F was designated as a grocery store; and WHEREAS, the proposed amendment to the PD would allow a list of uses in addition to a grocery store which is in conformance with the permitted and conditionally permitted uses of the underlying C- 1 zone; and WHEREAS, the proposed amendment to the PD is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304, Minor Alterations to Land; and WHEREAS, the Planning Commission considered the PD Amendment application and denied the subject application at a duly noticed meeting held on May 11, 1994 ; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed amendment to PD 131, including but not limited to the staff report and all written and oral testimony presented at public hearings held on June 1, June 15, July 6 and July 20 of 1994 . THE CITY COUNCIL HEREBY FINDS AS FOLLOWS : Section 1 : Pursuant to CEQA, the City Council finds the project is categorically exempt from the requirements of CEQA pursuant to ' Section 15304, Minor Alterations to Land. The proposed amendment will allow for additional uses in Building F which ' are consistent with permitted or conditionally permitted uses in the underlying zone. Section 2 : Pursuant to Section 9403 . 00 of the Zoning Ordinance the City Council finds that : a. The list of uses applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City' s Zoning Ordinance . Res. No. 18437 Page 2 b. The said list of uses are necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed list: of uses is to be located. The proposed list of uses are either , permitted or conditionally permitted within the underlying C-1 zone. The additional uses to be permitted in Building F, one of the existing buildings within an existing retail center (Plaza del Sol) , will be in harmony with and complimentary to the existing retail center. C . The site for the intended list of' uses is adequate in size and shape Ito accommodate said uses, including yards, setbacks, walls or fences, :Landscaping and other features required in order to adjust said uses to those existing or permitted future uses of land in the neighborhood. The site! is existing and in conformance with development standards set forth in the Zoning Ordinance. d. The existing developed site for the proposed list of uses relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed uses . The roposed additional uses shall not create a significant increase in usage such that existing streets and , highways would not accommodate the uses which are permitted or conditionally permitted within the underlying zone. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby overrules the Planning Commission' s decision and approves the amendment: to Planned Development District 5 . 0177- PD--131, per Exhibit A and waives the filing fee for the appeal . ADOPTED this 20th ____day of July _, 1994 . AYES : Members Hodges, Lyons , and Relle_r-Spurgin NOES : None ABSENT: None ABSTAIN: Member Kleindienst: and Mayor M ryanov AT'CE-ST• CITY F M S 4I i�D CALIFORNIA ':i City Clerk City Manager REVIEWED AND APPROVED-- /�� � Res. No. 18437 Page 3 EXHIBIT "A" I . Permitted Use List for Building "F" at 1555 S . Palm Canyon Drive. ' Antique shop; art gallery; school or studio; athletic or health club; retail bakery* ; bank and/or savings and loan; clothing/apparel store; department store; beauty or barber shop* ; or school; retail stores (including, but not limited to, book/stationery store; furniture store, drug store, florist, shoes) ; music studio, shop or instrument sales; photography studio* ; museum; modeling studio; dance studio; restaurant; movie or stage theater and/or production facilities; library; retail store or service shop; professional or service offices; recreational facilities (i .e. , bowling alley, amusement center) ; training facilities; supermarket; craft or hobby store; hardware/appliance store; jewelry store; toy store; church or synagogue (with a conditional use permit) ; private club; and pet store . II . Prohibited Use List for Building "F" at 1555 S . Palm Canyon Drive. Specialty Market Place/Indoor Swap Meet III . The lessor of the subject property shall exercise good faith efforts to lease the former Ralphs Grocery Store - Building "F" - to a single tenant for a use listed above. Should the lessor be unable to lease the site to a single tenant, the lessor may divide the premises for lease into not more than ' four premises to be used for uses listed above. IV. Consignment merchandise sales, as an accessory use (as defined in Section 9100 . 10 A.5 of the City of Palm Springs Zoning Ordinance) to the above listed permitted uses, shall be permitted. * Not to be considered as an anchor tenant .