HomeMy WebLinkAbout19701 - RESOLUTIONS - 12/15/1999 RESOLUTION NO. 19701
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, PROVIDING A DECISION ON AN APPEAL BY
GEOPETRO LLC,ON THE REFUSAL OF THE DEPARTMENT OF
PLANNING AND BUILDING,BUILDING DIVISION TO GRANT
A BUILDING PERMIT FOR ARCO AM/PM MINI-MARKET '
(PHASE ONE,PLANNED D EVELOPMENT DISTRICT 252)UN'I'IL
THE APPELLANT SUBMITS AN APPLICATION IN
COMPLIANCE WITH ALL CITY ZONING REGULATIONS AND
OTHER CONDITIONS OF APPROVAL,AND ALL APPLICABLE
FEES ARE PAID.
'WHEREAS,Geopetro LLC,a company formed by its majority,controlling owner Tribal Member Damon
Prieto,has filed an appeal to the City Council of the City of Palm Springs regarding the refusal ofthe
Building Division of the City's Planning and:Building Department to issue abuildin,g permit for a 3100
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
'WHEREAS,the subject property is within an area where the City Council ofthe City ofPalm Springs,in
passing Resolution 19430 on December 16, 1998,approved Tentative Parcel Map 28907 and Preliminary
Planned Development District 252, and
WHEREAS,in passing Resolution 19430 on December 16, 1998 the City Council included as part of the
resolution Conditions of Approval; and
WHEREAS,the appeal has been filed with the City approximately ten months after City council passage ,
of Resolution 19430; and
WHEREAS, Section 2.05.040 of the Palm Springs Municipal Code states that notice of an appeal of
action taken by an administrative officer or administrative agency ofthe city shall be filed no later than ten
days following the date ofthe mailing to appellant ofnotice ofthe action from which the appeal is taken or,
if there is no such mailing and/or none is required,no later than fifteen days following the date ofthe action
which is the subject of the appeal; and
WHEREAS,in accordance with the Tribal Land Use Appeal Ordinance enacted December 12, 1978,the
appeal of a decision ofthe City Council must be made to the Tribal Council within ten days from the date
of receipt by an appellant of the written decision of the City Council being appeals; and
WHEREAS,on December 15, 1999 the City Council held a duly noticed public hearing on said appeal
and received testimony from the applicant and other persons present,and having considered the written
and oral testimony presented at such hearing.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,AS FOLLOWS:
Section1. That the appeal ofthe decision by the Planning and Building Department,Building Division
to refuse to issue a building permit is overruled and the decision stands based on the '
following findings:
A. A Building Permit cannot be issued for the following reasons:
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1. A building permit may not be issued until the Final Map is approved by the
City Council and the Final Development Plan is approved by the Planning
Commission; and, in fact, the applicant has not applied for a Final
Development Plan and consequently a Final Development Plan has not
been approved by the Planning Commission or the City Council.
2. The Conditions of Approval required to be complied with prior to
issuance of a Building Permit have not been met.
3. City Staff have advised the applicant both verbally and in writing on
January 28, 1999;March3, 1999;and May 4, 1999 of deficiencies in the
application for a building permit and the applicant has not submitted
materials to address these deficiencies.
4. The applicant failed to appeal the Tentative Parcel Map and Preliminary
Planned Development District and the issuance of any building permit must
be consistent with these approvals.
B. On its merits the City Council does not have the authority to,nor does it
think it appropriate to waive the Transportation Uniform Mitigation Fee
(TUMF) which was passed on November 8, 1989 by the voters of
Riverside County (Measure "A") for the following reasons:
1. TUMF is derived based on the anticipated impact a proposed
development will have on the regional transportation system.
2. The City collects TUMF in a uniform and equitable manner consistent with
guidelines included in Measure A and provided by Coachella Valley
Association of Governments (CVAG).
3. CVAG has provisions for a formal appeal of TUMF.
4. TUMF and Measure "A" funds are utilized to address regional
transportation needs.
5. Transportation improvements funded with TUMF have benefitted both
Indian owned lands and non-Indian owned lands.
6. Failure to collect TUMF in a uniform and equitable manner could
jeopardize the City's receipt of Measure "A" funds.
Section 2: That the City Council will reconsider the issues raised here if the applicant submits an
amended Preliminary Planned Development addressing the conditions the applicant wishes
to change along with a Final Planned Development District consistent therewith to the
Planning Commission.
Section 3: That the applicant is advised to pursue relief from the TUMF requirement through the
CVAG administrative process with the understanding that the applicant will be relieved of
the condition if so relieved by CVAG; that the Council directs the City Manager to
propose a measure to CVAG on behalf ofthe City providing that any city be relieved of
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its TUMF obligation with respect to any proj ect where a sovereign goveming entity such
as an Indian Tribe determines that a development project on reservation land is exempt
from the payment of TUMF;that the City Manager shall bring this matter to the attention
of the Tribal Council and shall seek the Council's support concerning CVAG's
consideration of this matter.
Section 4: That the City Clerk is instructed to mail a copy of this resolution to the appellant along with '
information concerning the formal appeal of TUMF to CVAG.
Adopted this 15 day of December, 1999.
Ayes: Kleindienst, Jones, Hodges, Oden, Reller-Spurgin
Noes: None
Absent: None
Abstain:None
Attest:
CITY OF PAL �PRINGS
By
City Manager ` City Clerk`
REVIEWED AND APPROVED AS TO FORM:
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