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HomeMy WebLinkAbout19408 - RESOLUTIONS - 12/2/1998 RESOLUTION NO. 19408 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE PLANNING ' COMMISSION'S DECISION CONCERNING THE DENIAL OF CONDITIONAL USE PERMIT 5.0786 FOR A FAST FOOD RESTAURANT WITH A DRIVE-THROUGH AND RELATED SIGN PROGRAM FOR THE PROPERTY LOCATED AT 2315 EAST TAHQUITZ CANYON WAY (PALM SPRINGS MALL), CSC ZONE, SECTION 13. WHEREAS Steve Schneider filed an application on behalf of Jack-in-the-Box ("Applicant") pursuant to Section 9320.00 of the Zoning Ordinance for a fast-food restaurant with drive-through located at 2315 East Tahquitz Canyon Way, CSC Zone, Section 13; and WHEREAS, on September 23, 1998, a public hearing concerning Case 5.0786-CUP was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.0786-CUP was issued in accordance with applicable law; and WHEREAS, the Planning Commission, following the public testimony, continued the matter to the Planning Commission meeting of October 14, 1998; and WHEREAS, on October 14, 1998, a public hearing concerning Case 5.0786-CUP was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 14, 1998, the Planning Commission denied the request for Conditional Use Permit 5.0786-CUP for the property located at 2315 E. Tahquitz Canyon Way, CSC, Zone, Sec. 13; and WHEREAS, on October 14, 1998, the Planning Commission did not act upon the architectural approval of the site plan, building elevations, and landscape plans; and WHEREAS, October 28, 1998, Bonnie Garland Guss, attorney representing Lamar Palms Associates LP, filed a letter of appeal concerning the Planning Commission decision to deny the proposed Conditional Use Permit; and WHEREAS, Notice of the Hearing of the City Council of the City of Palm Springs to consider the appeal of the Planning Commission decision to deny the Conditional Use Permit was given in accordance with applicable law; and WHEREAS, on December 2, 1998, a hearing on the subject appeal was held by the City Council in accordance with applicable law; and WHEREAS the City Council has carefully reviewed and considered all of the evidence presented in conjunction with the hearing of the appeal, including, but not limited to, the staff report, and all written and oral testimony presented. R19408 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: The City Council finds that: a. The attached Negative Declaration is in compliance with l:;EQA, the State CEQA Guidelines and the City's CEQA procedures. The City Council has independently ' reviewed and considered the information contained in the Environmental Assessment/Negative Declaration and finds that it adequately discusses the potential significant environmental effects of the proposed project, and that on the basis of the Environmental Assessment, and in light of the; whole record there will be no adverse environmental effects as a result of the approval of the project. The City Council further finds that the Environmental Assessment' Negative Declaration reflects its independent judgment. Section 2: Pursuant to Zoning Ordinance Section 9320.00, the City Council finds that the applicant's request for a Conditional Use Permit to allow a fast-food restaurant with a drive-through is an acceptable use at the location set forth in the application and is in keeping with the goals and policies of the General Plan. a. The use applied for at the location set forth in the application is properly one for which a Conditional Use 'Permit is authorized by the City's ,.Lo 7 ning Ordinance. Pursuant to Zoning Ordinance Section 9211.00.D.5., a drive-through facility is a use which is conditionally permitted in the CSC zone. b. That 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 zone in which the proposed use is to be located. The proposed use will service the general commerciail needs of permanent residents of the area as is stated in an objective of the; Commercial Shopping Center land use designation of the General Plan. To the extent possible, the developer will use existing improvements such as driveways, parking areas etc. to eliminate potential impacts. C. 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 project complies with all development standards except for parking and sign requirements. The project is deficient seven (7) parking spaces and the parking along Tahquitz Canyon Drive does not comply with the 20-foot setback requirement. The project is being proposed on a free-standing pad site within the Palm Springs Mall, which is adjacent to existing parking areas. The applicant is ' being required to enter into a reciprocal access and parking agreement with the Mall to mitigate this concern. The applicant is requesting approval of one additional sign not expressly permitted under the Sign Ordinance. d. The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. R19408 Page 3 The project site is bounded by existing roadways that have been designed and improved to handle the increase in vehicle trips. Furthermore, community improvements such as the bus turn out on Farrell Drive, is being relocated southerly to alleviate possible traffic conflicts due to the proximity of the intersection. 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. All proposed conditions of approval are necessary to ensure public welfare, health and safety. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby overrules the Planning Commission decision and hereby approves Conditional Use Permit 5.0786 for the property located at 2315 East Tahquitz Canyon Way. This recommendation is subject to the conditions of approval which are on file the Office of the City Clerk. ADOPTED this 2nd day of December 1998 AYES: Members Barnes, Hodges, oden, Reller-Spurgin NOES: Mayor Kleindienst ABSENT: None ATTEST: CITY OF PALM SPRI ALIFORN City Clerk City Ma ager REVIEWED & APPROVED AS TO FORM: ,C/l R19408 Page 4 RESOLUTION NO. EXHIBIT A CONDITIONAL USE PERMIT 5.0786 JACK IN THE BOX ' 2391 East Tahquitz Canyon Way REVISED CONDITIONS OF APPROVAL December 2, 1998 1 . The project shall be subject to all the conditions of approval dated September 23, 1998, October 14, 1998, and any new conditions imposed by the City Council. 2. The driveway isle along the west side of the building shall be reduced in width to 28 feet. The proposed reduction will allow the applicant to increase the width of the planter along the west side of the building. 3. The applicant shall incorporate additional landscaping (ie. trees, shrubs etc.) as a result of condition No.2 above. A revised plan shall be submitted with the plan check submittal. 4. The landscape plan shall be revised as follows: • The Desert Encelia shall be deleted, and a replacement plant shall be submitted with the plan check submittal. The proposed river rock shall be replaced with turf. • The fountain grass shall be specified to be the purple kind. • The Palm Springs gold fines shall be laid down without a landscape fabric. 1