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HomeMy WebLinkAbout18885 - RESOLUTIONS - 9/4/1996 RESOLUTION NO. 18885 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REVISED PRELIMINARY PLANNED DEVELOPMENT DISTRICT APPLICATION (CASE 5 . 0522A-PD-2205) SUBMITTED BY THE CASTILLO COMPANY, INC. FOR AMERICAN ' STORES PROPERTIES, INC. FOR A SAV-ON DRUG STORE COMMERCIAL CENTER, COMPRISED OF THREE BUILDINGS TOTALING 25 , 353 SQUARE FEET ON A 3 . 8 ACRE SITE, INCLUDING A FAST-FOOD DRIVE-THROUGH RESTAURANT AND A DRIVE-THROUGH PHARMACY, LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, C-1-AA, R-4-VP AND RESORT. OVERLAY ZONES, SECTION 14 . WHEREAS, the Castillo Company for American Stores Properties, Inc . (the applicants) has submitted a revised preliminary Planned Development District (PD) application for a 25, 353 square foot commercial retail center, including Sav-On Drug Store as the anchor tenant and a phased construction plan; and WHEREAS, the proposed project description includes the future vacation of a portion of Andreas Road only along the subject property frontage reducing the right-of-way width to that of a collector street as so designated on the General Plan Land Use and Circulation Map; and WHEREAS, the original PD application for the subject site, approved by the City Council in 1989, was for a 44, 903 square foot commercial center, and in 1992 the PD application was revised and approved by the City Council as a 42, 000 square foot commercial center; and WHEREAS, in 1989, an environmental assessment was prepared for the project and a Negative Declaration was filed in accordance with City and state laws by the City Council; and WHEREAS, the proposed project includes similar uses to those included in but less square footage than the previously approved projects and is adequately addressed in the completed environmental assessment and Negative Declaration; and WHEREAS, the subject PD application was brought before the Planning Commission at two regularly scheduled study sessions, on March 20, 1996, and on April 17, 1996 ; and WHEREAS, the Planning Commission held a. public hearing on July 24, 1996, and voted to recommend approval of the subject PD (5-1; 1 absent) ; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the subject application for a revised preliminary Planned Development District was given in accordance with applicable law; and ' WHEREAS, the City Council 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 . THE CITY COUNCIL HEREBY FINDS AS FOLLOWS : 3 Section 1 : Pursuant to CEQA, the City Council finds as follows : R18885 Page 2 31) An Environmental Assessment was previously prepared for the original PD application, and a Negative Declaration was filed in accordance with state and local law by the City Council in 1989 . The subject PD application, which includes less than one half the square footage originally approved for the same subject site, and includes the same or very similar uses, is adequately covered by the original Environmental Assessment which was prepared pursuant to CEQA, for which a Negative ' Declaration was filed. Section 2 : Pursuant to Section 9403 . 00 of the Zoning Ordinance the City Council finds that : a. That the use applied for at the location set 'Eorth in the application, is properly one for which a Planned Development District is authorized by the City' s Zoning Ordinance . The proposed retail commercial center will allow for a mix of commercial uses, including one drive-through restaurant, a Sav-On Drug Store which includes a drive:-through pharmacy which will not provide the required minimum car stacking space required by the Zoning ordinance and a general commercial building, is permitted pursuant to a Planned Development District . b. That the said use is 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 zones in which the proposed use is to be located. The proposed revised PD application for a commercial center ' will provide commercial retail, restaurant and general services to both the neighboring residents and visitors to the community which are objectives of the General Plan as well as the zones in which the site is located (i . e . the site is designated Resort Commercial, High Density Residential and Neighborhood Convenience Center pursuant to the General Plan and zoned C-1AA and R-4-VP with a Resort Overlay zone) . The commercial center proposal will provide resident and tourist conveniences such that the location is within the City' s Tourist Corridor along Tahquitz Canyon Way, yet is also in proximity to a number of low and medium density residential areas. The subject project incorporates upgraded architectural styles and landscaping in order to blend in aesthetically with both the resort commercial areas and the residential areas . Additionally, a landscaped median island will be provided on Sunrise Way which will provide safety and aesthetic benefits and is consistent with policies of the General Plan. C . That the site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, :Landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood . , The proposed project includes three commercial buildings, totaling 25, 353 square feet . The anchor tenant, Sav-On Drug Store includes a drive-through pharmacy anc.t one of the future building sites is :intended for a fast-food drive-through. The proposed project complies with property development standards except that the drive-through pharmacy does not include the stacking space for the required number of cars pursuant to the Zoning Ordinance . However, it is determined that this type of drive-through will not require as much stacking space for cars R18885 Page 3 such that the pharmacy use functions differently from other typical drive-through uses such as fast-food restaurants . . d. 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. ' The proposed commercial center is bordered on three sides by roadways, two of which are major thoroughfares and one of which is a collector. roadway. The roadways which are surrounding the subject commercially zoned site, are designed to accommodate the traffic generated. Additionally, the General Plan designates Andreas Road as a collector street, requiring a 60 foot public right-of-way to accommodate 40 feet of roadway pavement and 10 foot sidewalk/parkways on each side of the street . Currently, the right-of-way is greater than 60 feet and the project includes a request for a partial street vacation of Andreas Road (fronting the subject property) , such that it is consistent with the collector street designation. The north side of Andreas Road is fully developed with curb and gutter and an eight foot sidewalk. With the proposed street vacation, the intent of the General Plan will me met since the required 40 feet of roadway pavement will be provided along with the required 10 foot sidewalk/parkway on the south side of Andreas Road adjacent to the subject project . e. That the conditions to be imposed and shown on the approved site plan or in Exhibit A of this resolution are deemed necessary to protect the public health, safety and general welfare and may include minor modifications of the zone' s property development standards . The proposed conditions will ensure that the proposed project will not compromise the public health, safety and general welfare and that the property will be aesthetically enhanced. Some of the conditions which ensure these important elements include the improvement of Sunrise Way and Andreas Road, the installation of a raised landscaped median island to encourage safer on- street turning movements, and the requirement to underground on-site utility lines . f . A nexus and rough proportionality have been established for the requirement of the future off-site improvements as related to the Planned Development District . The conditions requiring off-site improvements and utility undergrounding which are required by City ordinances are related to the proper functioning of the project in the proposed location. Conditions of approval require the dedication of right-of-way along Sunrise Way, the installation of a raised median island on Sunrise Way, the installation of a street light, the installation of other improvements such as curbs, gutters and sidewalks and the undergrounding of utilities, the majority of which are located on the subject site . All of the required roadway, sidewalk and utility line improvements will provide direct and immediate safety benefits ' to the patrons of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The required improvements are in rights-of-way immediately adjacent to the site, which must be utilized by those accessing the subject site. Without the proposed project, which will provide for 25, 353 square feet of commercial uses, generating additional traffic and site users, s these improvements would not be warranted since the site is D r; currently vacant and not currently impacting any City rights- of-way. R18885 ..3J.a ( Page 4 '' NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves revised preliminary Planned Development District 205, Case No. 5 . 0522A, subject to those conditions set forth in the attached Exhibit A (as on file in the office of the City Clerk) , which are to be satisfied prior to the issuance of certificates of occupancy unless otherwise specified. ADOPTED this 4th _ __day of September , 1996 . , AYES : Members Barnes, Hodges, Oden and Mayor Kleindienst NOES : Member Spurgin ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 21 City Clerk City Manag r REVIEWED BY: 1 1