HomeMy WebLinkAbout19430 - RESOLUTIONS - 12/16/1998 RESOLUTION NO. 19430
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING, SUBJECT TO THE
' CONDITIONS STATED, CASE NO. 5.0789 (PRELIMINARY
PLANNED DEVELOPMENT DISTRICT NO. 252) AND
TENTATIVE PARCEL MAP NO. 28907 TO GOLDEN STATE
ENTERPRISE, LLC, FOR A PRELIMINARY PLANNED
DEVELOPMENT DISTRICT AND TENTATIVE PARCEL
MAP FOR THE DEVELOPMENT OF AN EIGHT (8) LOT,
MULTIPLE-PHASED, COMMERCIAL/RETAIL CENTER ON
23.15 ACRES OF LAND WITH PHASE ONE CONSISTING OF
A 3,100 SQUARE-FOOT MINI-MARKET WITH GASOLINE
PUMPING FACILITIES ON 1.22 ACRES OF LAND LOCATED
ON THE NORTH SIDE OF RAMON ROAD, WEST OF
AVENIDA EVELITA, M-1 ZONE, SECTION 18, AND
MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS, Golden State Enterprise, LLC, (the "Applicant") has filed an application with the
City pursuant to Section 9402.00 of the Zoning Ordinance and the Palm Springs Municipal Code
Section 9.60 for Tentative Parcel Map 28907 and Preliminary Planned Development District
No. 252 to subdivide 23.15 acres into eight (8) lots for the development of a multiple-phased
commercial/retail center with Phase One development consisting of a 3,100 square-foot mini-
market with gasoline pumping facilities on a 1.22 acre parcel within the proposed subdivision
(Parcel 3) on property located on the north side of Ramon Road, west of Avenida Evelita, M-1
Zone, Section 18; and
WHEREAS, said application was submitted to appropriate agencies as required by the
subdivision requirements of the City of Palm Springs Municipal Code, with the request for their
review, comments and requirements; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs
to consider Applicant's application for Tentative Parcel Map 28907 and PD 252 was given in
accordance with applicable law; and
WHEREAS, on November 12, 1998, a public hearing on the application for Tentative Parcel
Map 28907 and PD 252 were held by the Planning Commission in accordance with applicable
law; and
WHEREAS, the Planning Commission voted to recommend approval of the Case No. 5.0789
(PD 252) and Tentative Parcel Map No. 28907, subject to the findings and conditions stated in
Resolution No. 4618; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider
applicant's application for Case No. 5.0789 (PD 252) and Tentative Parcel Map No. 28907 was
given in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has
considered the effect and the City Council has considered the effect of the proposed Subdivision,
Tentative Parcel Map 28907'and PD 252, on the housing needs of the region in which Palm
Springs is situated and,has balanced these needs against the public service needs of its residents
and available fiscal and environmental resources; the approval of the proposed Subdivision
J
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represents the balance of these respective needs in a manner which is most consistent with the
City's obligation pursuant to its police powers to protect the public health, safety, and welfare;
and
WHEREAS, on December 16, 1998, a public hearing on the application for Case No. 5.0789
(PD 252) and Tentative Parcel Map No. 28907 was held in accordance with applicable law; and '
WHEREAS, the proposed Subdivision, Tentative Parcel Map 28907, and the proposed
Preliminary Planned Development District, PD 252/Case 5.0789, is considered a "project"
pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated
Negative Declaration has been prepared for this project and has been distributed for public
review and comment in accordance with CEQA; 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 mot limited to the staff
report, all environmental data including the initial study, the proposed Mitigated Negative
Declaration and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section l: Pursuant to CEQA, the City Council finds as follows:
The final Mitigated Negative Declaration has been completed in compliance with CEQA,
the State CEQA Guidelines, and the City's CEQA procedures contained in the City's
CEQA Guidelines. The Planning Commission has previously reviewed and considered
and the City Council has independently reviewed and considered the information '
contained in the Mitigated Negative Declaration and finds that it adequately discusses the
significant environmental effects of the proposed Project, and that, on the basis of the
initial study and comments received during the public review process, there is no
substantial evidence that there will be any significant adverse environmental effects as a
result of the approval of this Project. The City Council further finds that the Mitigated
Negative Declaration reflects its independent judgment.
Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the
proposed subdivision and the provisions for its design .and improvement are
compatible with the objectives, policies and general land uses and programs
provided in the City's General Plan and any applicable specific plan; and
Section 3.: Pursuant to Government Code Section 65567, the City Council finds that the
proposed subdivision and the provisions for its design and improvements are
compatible with the objectives, policies and general land use provided in the
City's local open space plan; and
Section 4: Pursuant to Government Code Section 66474, the City Council finds that with the
incorporation of those conditions attached in Exhibit A:
a. The proposed map and preliminary planned development district are consistent with '
the applicable general and specific plans.
The subject property is designated as "A" (Airport and related uses) on the City's
General Plan Land Use Map and "M-l" (Service/Manufacturing) pursuant to the
Zoning Map. The application entails subdividing 23.15 acres into eight (8) lots for the
development of a multiple-phased commercial/retail center: The project complies with
the General Plan, in that the development and uses anticipated within this project will
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Page P 3
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be supportive and necessary for the operation of the airport. Thus, the proposed project
should not be a significant impact to the surrounding neighborhood.
b. The design or improvements of the proposed subdivision are consistent with the
General Plan.
The subject site is designated "M-1" (Service/Manufacturing) pursuant to the Zoning
Map and "A" (Airport and Related Uses) pursuant to the General Plan land Use Map.
The project will be compatible with the General Plan and with existing land use
designations to the north, where airport support facilities currently exist, and to the east,
where a subdivision and a Planned Development have been initiated. Ramon Road acts
as a significant buffer from any land uses to the south. Along the west property line, it
will be required through the development process that a sufficient buffer from the existing
condominium project to the west be incorporated into the design of Parcel 1. Thus, the
project should be compatible with the surrounding neighborhood.
c. The site is physically suitable for the type of development contemplated by the
proposed subdivision.
The project will comply with all performance standards of the "M-1-P" Zone, as
required by the Zoning Ordinance, and be designed to comply with the property
development standards established on the adjacent Planned Development immediately east
of the project. The site is essentially flat in topography and is void of any significant
vegetation or structures, and can be directly accessed by Ramon Road, and extensions to
El Placer and Airport Centre Drive, which are contemplated on the current development
plan and subdivision map. Thus, the site is physically suitable for the type of
development contemplated by the proposed subdivision.
d, The site is physically suitable for the proposed density of development contemplated
by the proposed subdivision.
The project will be compatible with existing land use designations to the north and south
based on the density and lot sizes. Although the lots fronting on Ramon Road are on the
average smaller than those proposed within this subdivision than with the adjacent
Planned Development to the east, the subdivision and its purpose is also generally
consistent with the adjacent project to the east. Along the west property line, it will be
required through the development process that a sufficient buffer from the existing
condominium project to the west be incorporated into the design of Parcel 1. The site is
essentially flat in topography and is void of any significant vegetation or structures, and
can be directly accessed by Ramon Road, and extensions to El Placer and Airport Centre
Drive, which are contemplated on the current development plan and subdivision trap.
Thus, the project should be compatible with surrounding neighborhood.
e. 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.
Conditions of this project will require full public improvements along Ramon Road and
the construction of the extension of El Placer, north of Ramon Road, and Airport Centre
Drive, west of Avenida Evelita, with the development of Phase One. With the required
street improvements and other mitigations recommended pursuant to conditions of
approval for this project, the vehicular circulation system will not be negatively impacted
by trips generated from this project.
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f. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety and general welfare, including any minor
modifications of the zone's property development standards.
All proposed conditions of approval are necessary to ensure public health and safety
including, but not limited to, the requirements for street widening and re-striping, traffic '
signalization, curb, gutter, sidewalks and median islands.
g. A nexus and rough proportionality have been established for requirement of
dedication of the additional sight-of-way to the City and the off-site improvements as
related to the tentative parcel map.
The off-site improvements, which are required by the Zoning Ordinance, are related to
the project since patrons and employees of the project must use Ramon Road, El Placer
and Airport Centre Drive to access the site. Currently, the subject property is vacant and
therefore little or no usage of the roads, sidewalks and utilities is due to the subject
property at this time. However, the future property owners will benefit from any
improvements made to the above streets such as sidewalks, traffic signalization and street
widening and re-striping. The required dedication of right-of-way and streetscape
improvements will provide safety benefits to the property owners and will aesthetically
enhance the neighborhood.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby approves Case No. 5.0789 (PD 252) and Tentative Parcel Map No. 28907 subject to
those conditions set forth in the in Exhibit A on file in the Office of the City Clerk, which are to
be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ,
ADOPTED this 16 day of December 1998,
AYES: Members Barnes, Hodges, 0den, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN:
ATTEST: CI Y OF PALM SPRIJ, S ALIFORNIA
City Clerk &i6 Manager
REVIEWED & APPROVED
COUNTY O( RYfRSDE, STATE OF CALIFORNIA
Am
GRAPHIC SCALE COUNTY
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