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HomeMy WebLinkAbout21566 - RESOLUTIONS - 5/3/2006 RESOLUTION NO. 21566 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRIDING THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ('THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD. WHEREAS, the Riverside County Airport Land Use Commission ("RCALUC") has been designated as the Airport Land Use Commission for all public airports in the County of Riverside; and WHEREAS, on February 10, 2005, the RCALUC adopted the Riverside County Airport Land Use Compatibility Plan for the Palm Springs International Airport ("RCALUCP"); and WHEREAS, the City of Palm Springs is the owner and operator of Palm Springs International Airport; and WHEREAS, Geiger LLC filed an application with the City pursuant to the City of Palm Springs Zoning Code, Section 94.03.00, for a Planned Development to construct The ' Springs Commercial Center, a 393,000 square foot commercial shopping center, located at the northeast corner of Ramon Road and Gene Autry Trail, APNs 677-280-041, 677- 4:20-032, 677-420-033, and 677-420-034, Zone M-1-P, Section 17; and WHEREAS, an Environmental Impact Report (EIR) was prepared for this project pursuant to requirements of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, on October 13, 2005, the RCALUC found that The Springs Commercial Center was inconsistent with the RCALUCP with respect to proposed intensity; and WHEREAS, on October 19, 2005, the City Council of the City of Palm Springs voted to approve Case 5.0984 PD-291 for The Springs Commercial Center located at the northeast corner of Gene Autry Trail and Ramon Road; and WHEREAS, at said meeting, the City Council of the City of Palm Springs also voted to certify the EIR and adopt a statement of overriding considerations for the project with respect to air quality and hazards and hazardous materials; and WHEREAS, pursuant to Section 21676.5(a) of the Public Utilities Code, the City of Palm Springs may override the RCALUCP for the project with a two-thirds vote of the City Council; and WHEREAS, the RCALUC and the California Division of Aeronautics were provided a copy of the draft resolution and findings on January 23, 2006; and Resolution No. 21566 Page 2 WHEREAS, on May 3, 2006, the City Council held a public hearing to consider overriding the RCALUCP for The Springs Commercial Center; and ' WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on this matter, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The action to override the RCALUCP is consistent with the purposes of California Public Utilities Code Section 21670 in that the Council's action for the project accounts for the orderly expansion of the airport. The Palm Springs International Airport Master Plan, adopted in January 2003, does not indicate plans to further expand into the area where the project is located. Special circumstances exist that allow for control of the orderly expansion of the airport because the City of Palm Springs is owner/operator of the airport. As owner/operator of the airport, the City is able to fully analyze the impacts of the airport, without external interference, on surrounding areas in the course of making land use decisions In addition, the City, with the exception of a few remaining parcels is substantially built out. Properties have traditionally developed close to the airport and there are many urban land uses surrounding the airport. However, the City has taken steps to mitigate the affects of close proximity to the airport including the completion of a residential sound insulation program for the majority of the homes within the 65 CNEL contour, requirements for avigation easements, and the re-zoning of residential properties to professional land uses in order to minimize future land use conflicts due to the operation and future expansion of the airport. SECTION 2. The action of the Council to override the RCALUCP is consistent with the purpose of California Public Utilities Code Section 21670 to prevent the creation of new noise and safety problems. The project is a planned development for approximately 393,000 square feet of retail space and is located within Compatibility Zones B1 and C. In approving the project, the City Council adopted a Statement of Overriding Considerations because the EIR found that the project is not compatible with the provisions of the RCALUCP. The EIR discussed the project's compatibility with the noise policies of the RCALUCP as follows: "Table 2B of the RCALUCP indicates that the maximum CNEL considered normally acceptable for commercial/office projects is 60 decibels with noise attenuating constructions [sic] features. A majority of the Springs Project lies within the 60 decibel CNEL contour of the Palm Springs International Airport. Commercial/office construction will include air conditioning and double paned windows in compliance with RCACLUCP building design techniques to achieve a reduction of interior noise levels. Thus, The Springs project complies with RCACLUCP noise compatibility policies." Resolution No. 21566 Page 3 The EIR also addressed the project's compatibility with the safety policies of the RCALUCP as follows: "...the project would be incompatible with the intensity clustering provisions of Policy 4.2.5(b)(2) & (4). According to this policy, the project must limit the intensity (people/square acre) at any one time on site, to a maximum of 50 people per acre in Zone B1 and up to 150 people per acre in Zone C. Most shopping centers and high-intensity retailers, like the proposed Home Depot, do not comply with this criterion. Consequently, development of the project as proposed would be incompatible with this element of the Plan and would therefore, constitute a significant unavoidable adverse impact with regard to the RCALUCP Safety Policy." The City Council weighed the benefits of the project against the significant environmental impacts and found that for this project, the economic benefits to the City outweighed the significant environmental impacts. From the perspective of whether the project would expose the public to excessive noise and safety hazards, land has traditionally been allowed to develop close to the airport in accordance with the Part 150 and Part 77 studies, Airport Master Plan, and General Plan. Residential development exists all around the airport at densities of approximately 2-4 units/acre and commercial development exists in the immediate vicinity of the airport. The only available land left for viable large commercial development is in the area southeast of the airport where two large commercial centers already exist (Lowe's and Walmart). Therefore, the project would only be a continuation of existing development patterns around the airport and would not create any new noise or safety problems that do not already exist. The project is also conditioned to limit building heights in Compatibility Zone B1 to no higher than 35 feet and that all future structures will require standard avigation easements and non-suit covenants. In addition, the City is currently updating the General Plan with land use measures that minimize the public's exposure to excessive noise and safety hazards. The General Plan is proposing to designate land immediately abutting the airport as non-residential uses or industrial uses and discouraging the conversion of such properties to residential uses in order to minimize future noise and safety conflicts with the expansion and operation of the airport. SECTION 3: The action of the Council to override the RCALUCP also is consistent with the purpose of Public Utilities Code Section 21670 to promote the overall goals and objectives of the California airport noise standards. The California Airport Noise Standards state that the basis for the acceptable level of aircraft noise for persons living in the vicinity of airports is a Community Noise Equivalent Level (CNEL) of 65 decibels. Part of the site is located within 65 dB CNEL contour. The adopted Palm Springs International Airport Master Plan indicates that the noise levels around the airport will actually decrease over Resolution No. 21566 Page 4 time due to new, quieter jet technology and the reduction of evening flights. The EIR ' prepared for the project concluded that, "...there are no site constraints to the project from the nearby airport operation." The project being contemplated is a commercial development only and is located at the intersection of two major thoroughfares (Highway 111 and Ramon Road), which has the highest traffic volume of any intersection of the city. According to the discussion regarding noise impacts in the project's EIR, the existing CNEL levels range from 60 dB along the northern boundary to around 70 dB near Ramon Road. Therefore, the existing ambient noise levels average 65 dB without the project. The noise study prepared for the project also showed that with the implementation of the project, noise levels 50 feet from the centerline of Gene Autry Trail and Ramon Road will exceed 70 decibels. Given the existing and future ambient noise conditions and the commercial nature of the project, the override of the RCALUCP for The Springs Commercial Center is consistent with the overall goals and objectives of the California airport noise standards. In addition, an avigation easement is required for the development, the buildings must be constructed in accordance with the Uniform Building Code, and the development of the site as a commercial project would prevent residential development from occurring close to the airport. SECTION 4: Based on the above findings, the City Council hereby overrides the Riverside County Airport Land Use Compatibility Plan for the project located at the northeast corner of Highway 111 (Gene Autry Trail) and Ramon Road. ADOPTED this 3`d day of May, 2006. David H, Ready, City Mgr ATTEST: Omes Thompson, City Clerk Resolution No. 21566 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21566 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 3, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None J dies Thompson, City Clerk �/ ty of Palm Springs, California