HomeMy WebLinkAbout19910 - RESOLUTIONS - 9/20/2000 RESOLUTION NO. 19910
OF THE CITY COUNCIL OF THE CITY OF PALM '
SPRINGS, CALIFORNIA, DENYING WITHOUT
PREJUDICE CASE NO. 5.0827 (PLANNED
DEVELOPMENT DISTRICT NO. 259) AN APPLICATION
BY LUNDIN DEVELOPMENT COMPANY FOR A
PRELIMINARY PLANNED DEVELOPMENT DISTRICT
FOR A PROPOSED INTEGRATED, SINGLE-PHASED
SHOPPING CENTER CONSISTING OF A 57,342 SQUARE
FOOT SUPERMARKET, A 14,884 SQUARE FOOT DRUG
STORE WITH DRIVE-THROUGH PHARMACY, TWO
QUICK-SERVICE RESTAURANT PADS CONSISTING OF
3,589 AND 2,465 SQUARE FEET, RESPECTIVELY, AND
VARIOUS RETAIL SHOP SPACE CONSISTING OF 26,220
SQUARE FEET AND THE SUBDIVISION OF THE 9.9
GROSS ACRE/8.29 NET ACRE SITE INTO NINE (9)
PARCELS, RANGING IN SIZE FROM 0.13 ACRES TO
2.82 ACRES, LOCATED AT THE NORTHWEST CORNER
OF RAMON ROAD AND SUNRISE WAY, C-1 ZONE,
SECTION 14.
WHEREAS, Lundin Development Company (the "Applicant") has filed an application with
the City pursuant to Section 9403.00 of the Zoning Ordinance, Case No. 5,0827
(Preliminary Planned Development District No. 259) and pursuant to Section 9.60 of the
Palm Springs Municipal Code, Tentative Tract Map No. 29638 for the development of an '
integrated, single-phased neighborhood commercial shopping center consisting of a
57,342 square foot Ralph's Supermarket, a 14,884 square foot drug store with drive-
through pharmacy, two quick service restaurants with drive-through lanes (a 3,589 square
foot Carl's Jr. and a 2,465 square foot speculative pad restaurant), various retail shop
space of approximately 26,220 square feet and the subdivision of the 9.9 gross acre site
(8.29 net acres after dedication) into nine parcels ranging in size from 0.13 acres to 2.82
acres located at the northwest corner of Ramon Road and Sunrise Way, C-1 Zone, Section
14, and;
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Applicant's application for Preliminary Planned Development 259 (PD
259) and Tentative Tract Map No. 29638 were given in accordance with applicable law; and
WHEREAS, on May 24, 2000, and continued to June 14. 2000, July 5, 2000 and August 9,
2000, a public hearing on the application for PD 259 and Tentative Tract Map No. 29638 ,
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, pursuantto Government Code Section 66412.3,the Planning Commission has
considered the effect of the proposed Subdivision, Tentative Tract Map 29638, 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 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, at the conclusion of its public hearing on August 9, 2000, the Planning
Commission recommended approval of the project 3-2 (2 abstentions) to the City Council
subject to the conditions contained in Resolution No. 4705 ; and
Resolution 19910
Page 2
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to
consider Applicant's application for Preliminary Planned Development 259 (PD 259) and
Tentative Tract Map No. 29638 were given in accordance with applicable law; and
WHEREAS, on July 19, 2000 and continued to September 6, 2000, a public hearing on the
application for PD 259 and Tentative Tract Map No. 29638 was held by the City Council in
accordance with applicable law; and
WHEREAS, at the conclusion of its public hearing on September 6, 2000, the City Council
of the City of Palm Springs directed staff to prepare a Resolution of Denial without
Prejudice for consideration of the City Council at their September 20, 2000 meeting; and
WHEREAS, on September 20, 2000, the Resolution of Denial without Prejudice was
considered by the City Council in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has
considered the effect of the proposed Subdivision, Tentative Tract Map 29638, 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 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, the proposed project (PD 259 and Tentative Tract Map No. 29638), is
considered a "project pursuant to the terms of the California Environmental Quality Act
("CEQA"), and an Initial Study has been prepared for this project and has been distributed
for public review and comment in accordance with CEQA; and
WHEREAS, the Planning Commission has previously reviewed and considered all of the
evidence presented in connection with the hearing on the project and 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, 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 1: Pursuant to Section 9403.00 of the Zoning Ordinance,the City Council finds
that:
a. The proposed Planned Development District is consistent with the
applicable general and specific plans. However,the proposed site plan and
architecture is not adequate as described below.
The proposed Planned Development District would allow for a neighborhood
commercial shopping center consisting of a 57,342 square foot Ralph's
Supermarket, a 14,884 square foot drug store with drive-through pharmacy, two
quick service restaurants with drive-through lanes (a 3,589 square foot Carl's Jr.
and a 2,465 square foot speculative pad restaurant), and various retail shop space
of approximately 26,220 square feet. The application, as proposed, is permitted
pursuant to Section 9403.00 (Planned Development District), which requires
consideration and approval of a Preliminary Planned Development application by
the Planning Commission and City Council.
Resolution 19910
Page 3
The subject property is designated as 'NCC" (Neighborhood Convenience
Center) on the City's General Plan Land Use Map and "C-1"(Central Retail
Business Zone) pursuant to the Zoning Map. The site has frontage along '
Ramon Road and Sunrise Way, both of which are designated as scenic corridors
in the City's General Plan.
The General Plan serves as a long-term guideline for the development of the
community and is required for each city in California, pursuant to the California
Government Code. The Neighborhood Convenience Center General Plan
designation is primarily intended to provide for an opportunity for convenience
commercial uses to be oriented directly to the residential neighborhoods they
need by means of a planned commercial complex, serve as an integrated
element of the neighborhood and to promote a harmonious relationship between
convenience services and the residential environment through compatibility of site
design and architectural treatment of structures. Commercial/retail shopping
centers that serve both residents and visitors is specified as a recommended land
use pursuant to the Neighborhood Convenience Center designation in the
General Plan, provided these centers can create a harmonious relationship with
surrounding residential development as specified above. The City Council finds
that the proposed land uses and redevelopment of the subject site are consistent
with the General Plan.
Pursuant to the Shopping Centers Subsection of the City's General Plan,
shopping centers are to be developed as a unit, in an orderly fashion, with an
organized arrangement of stores, parking and service, at such time and to such
size as is warranted by population and supportable by available purchasing
power. The proposed project includes two primary buildings, one (supermarket) ,
in the westernmost portion of the property and one (drug store) near the
intersection of Ramon Road and Sunrise Way. Additionally, the project
contemplates the development of two additional Shops buildings (one along the
north property line and the other attached to the south side of the supermarket)
and three additional pad buildings, primarily located adjacent to the two project
street frontages adjacent to vehicular ingress/egress points. The proposed
building density, size and organization of the proposed site plan leads to a
parking space deficiency in relation to that required per the City's Zoning Code,
with minimal parking in areas that would directly benefit and serve many future
retailers, such as those within the Shops 2 building and Retail Pad A.
Additionally,with the proposed building density and resulting building organization
as described above, a non-desirable pedestrian circulation pattern for patrons
who would walk to this neighborhood convenience center would be: created, as
the primary paths of pedestrian travel would require the crossing of many drive
aisles to reach any on-site destination, all of which is inconsistent with the
purpose and intent of the General Plan. Within the Neighborhood Convenience
Center General Plan Land Use designation, site plan design which encourages
the use of neighborhood centers by pedestrians of the immediate neighborhoods
(i.e. a pedestrian "friendly" design) is strongly recommended, as these
Neighborhood Centers provide services to a significant number of residents and
tourists and tend to be located close to medium or high density population bases.
Also, the vehicular circulation pattern found on the proposed site plan is not
orderly, as one-way drive aisles would restrict and complicate vehicular '
movements throughout the main field of parking east of the supermarket and a
series of dead ends would be derived throughout the project, which would lead to
an awkward circulation pattern for large delivery vehicles. Finally, the building
orientation and organization causes visibility of many loading, storage and trash
areas, especially the drug store facility, as the main loading area and rear
Resolution 19910
Page 4
elevations of the building faces the primary field of parking for the supermarket.
Pursuant to the Community Design Element of the City's General Plan, all Major
Thoroughfares (including Ramon Road and Sunrise Way) are designated Scenic
Corridors, where the highest level of design quality is expected for all new
development within the community. These corridors have been established
because of their physical orientation relative to the San Jacinto Mountains or
other important natural features, the design precedent that has been established
and/or their importance as a vehicular"link" in the City's transportation network.
With the scenic corridor designation, special design features, such as upgraded
landscaping, a high quality building design, and appropriate ratio of building area
to site area and upgrades to the pedestrian and bicycle transportation facilities
are required.
The physical design of existing buildings and sites along scenic corridors
throughout the community predominately and consistently suggest that of a high
quality visual environment, through the development of buildings with
architectural individuality and uniqueness, upgraded on-site landscaping along
public streets and interior to each property, attractively landscaped median
islands, a recognition of the importance of pedestrian friendliness to, from and
within neighborhood convenience centers and an appropriate balance of building
area to site development area. The proposed project is designed in a
Mediterranean architectural character typical many shopping centers found
throughout the Southern California region and beyond. The project does not
possess a high degree of architectural individuality and uniqueness, as is typically
found along Major Thoroughfares in the community, or required of new
development proposals within the community, and is therefore contrary to on-site
development strategies specified in the General Plan.
b. The said use is necessary or desirable for the development of the
community and 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 Preliminary Planned Development District application for a single-
phased, neighborhood convenience center, consisting of a 57,342 square foot
Ralph's Supermarket, a 14,884 square foot drug store with drive-through
pharmacy, two quick service restaurants with drive-through lanes(a 3,589 square
foot Carl's Jr. and a 2,465 square foot speculative pad restaurant), and various
retail shop space of approximately 26,220 square feet would provide retail
services geared toward both residents and tourists of the community, consistent
with the objectives of the Neighborhood Convenience Center component of the
General Plan and the zone in which the site is located (i.e. the site is zoned "C-1
Central Retail Business Zone).
Although the use is necessary and desirable for reasons stated in Section 2a
above, the site and architectural design of the proposed neighborhood shopping
center is not in harmony with the various applicable site design and building
design elements or objectives of the General Plan.
C. The design or improvements of the proposed planned development are
not consistent with the General Plan (i.e. The site is not physically suitable
for the proposed density of development contemplated by the proposed
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Page 5
planned development and the overall project design is not consistent with
community design standards).
As stated earlier, pursuant to the Shopping Centers Subsection of the City's ,
General Plan, shopping centers are to be developed as a unit, in an orderly
fashion, with an organized arrangement of stores, parking and service, at such
time and to such size as is warranted by population and supportable by available
purchasing power. The proposed project includes two primary buildings, one
(supermarket) in the westernmost portion of the property and one (drug store)
near the intersection of Ramon Road and Sunrise Way. Additionally, the project
contemplates the development of two additional Shops buildings (ogre along the
north property line and the other attached to the south side of the supermarket)
and three additional pad buildings, primarily located adjacent to the two project
street frontages adjacent to vehicular ingress/egress points. The proposed
building density, size and organization of the proposed site plan leads to a
parking space deficiency in relation to that required per the City's Zoning Code,
with minimal parking in areas that would directly benefit and serve imany future
retailers, such as those within the Shops 2 building and Retail Pad A.
Additionally,with the proposed building density and resulting building organization
as described above, a non-desirable pedestrian circulation pattern for patrons
who would walk to this neighborhood convenience center would be created, as
the primary paths of pedestrian travel would require the crossing of many drive
aisles to reach any on-site destination, all of which is inconsistent with the
purpose and intent of the General Plan. Within the Neighborhood Convenience
Center General Plan Land Use designation, site plan design which encourages
the use of neighborhood centers by pedestrians of the immediate neighborhoods
(i.e. a pedestrian "friendly" design) is strongly recommended, as these '
Neighborhood Centers provide services to a significant number of residents and
tourists and tend to be located close to medium or high density population bases.
Also, the vehicular circulation pattern found on the proposed site plan is not
orderly, as one-way drive aisles would restrict and complicate vehicular
movements throughout the main field of parking east of the supermarket and a
series of dead ends would be derived throughout the project, which would lead to
an awkward circulation pattern for large delivery vehicles. Finally, the building
orientation and organization would augment the on-site visibility of many loading,
storage and trash areas, especially the drug store facility, as the main loading
area and rear elevations of the building faces the primary field of parking for the
supermarket.
The physical design of existing buildings and sites along scenic corridors
throughout the community predominately and consistently suggest that of a high
quality visual environment, through the development of buildings with ,
architectural individuality and uniqueness, upgraded on-site landscaping along
public streets and interior to each property, attractively landscaped median
islands, a recognition of the importance of pedestrian friendliness to, from and
within neighborhood convenience centers and an appropriate balance of building
area to site development area. The proposed project is designed in a
Mediterranean architectural character typical many shopping centers found
throughout the Southern California region and beyond. The project does not
possess a high degree of architectural individuality and uniqueness, as is typically ,
found along Major Thoroughfares in the community or required of new
development proposals within the community, and is therefore contrary to on-site
development strategies specified in the General Plan.
Resolution 19910
Page 6
NOW, THEREFORE, BE IT RESOLVED that, the City Council does not consider
preservation of the existing buildings on the property in the desirable or in the best
interest of the continued development of the community, believes the rehabilitation and
expansion of this center is needed but believes that the site design is inadequate and the
architectural elevations insufficient. The City Council is willing to reconsider its action if
the project is redesigned to address the concerns raised herein, including the density of
development, pedestrian and vehicular circulation, trash areas, architectural creativity,
orientation of buildings to each other, massing and similar issues, and, based upon the
foregoing, hereby denies without prejudice Case No. 5.0827 (Planned Development
District No. 259).
ADOPTED this 2nth day of September , 2000.
AYES: Members Hodges, Jones, and Reller—Spurgin
NOES Member Oden and Mayor Kleindienst
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM: