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HomeMy WebLinkAbout19097 - RESOLUTIONS - 7/30/1997 RESOLUTION NO. 19097 ' OF TIIE CITY COUNCIL Of THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT APPLICATION 5-0WA SUBMITTED BY ATRIUM ENTERPRISES, INC./PALM SPRINGS SPORTS FORUM FOR TWO TEMPORARY TENT STRUCTURES FOR PURPOSES OF AN IN-LINE SKATING RINK, AN ICE SKATING RINK AND FOUR MODULAR STRUCTURES FOR PURPOSES OF FOOD CONCESSIONS, A PRO-SHOP, TACKER ROOMS AND RESTROOMS, FOR A PERIOD OF SIX MONTHS, LOCATED AT THE PERVIOUS PALM SPRINGS MARKET FAIR SPI'Is AT TIIE SOUTHEAST CORNER OF RAMON ROAD AND CROSSLEY ROAD, M-1 ZONE, SECTION 20. WHEREAS, the applicant, Atrium Enterprises, Inc./Patin Springs Sports Forum has submitted a conditional use permit application for the temporary use of two tent structures for purposes of an in-line skating rink (32,472 square feet) and an ice skating rink (33,088 square feet) and four modular structures totaling 6,720 square feet for purposes of food concessions, a pro-shop, locker rooms and restrooms to be located our ' the site of the former Palm Springs Market Fair at the southeast corner of Ramon Road and Crossley Road; and WHEREAS, the proposed sports complex to be known as the Palm Springs Sports Forum is proposed as a 24-hour operation; and WHEREAS, anticipated use and occupancy of the temporary sports facility is 120 people on a normal daily basis, and weekend tournament usage will increase the occupancy to approximately 310 occupants in both tent struchures, and special events such as a publicized skating competition or exhibition semi-professional hockey game could include a maximum of 1,500 people in one tent structure; and WHEREAS, the original conditional use permit(5.0648) for the Palm Springs Market Fair-, approved by ilic City Council in 1994, and subsequently revised and approved by the City Council in 1995, anticipated a peak occupancy of 3,400 people and anticipated special events such as concerts, cinxses, carnivals and festivals; and WHEREAS, in 1994 and subsequently in 1995, an environmental assessment was prepared for the project and a Negative Declaration was Filer] in accordance with City and state laws by the City Council such tbat the current proposal which anticipates sinular occupancy with its highest occupancy event, is adequately addressed in the previous environmental assessments; and WHEREAS, on .June 18, 1997, at a specially scheduled public hearing, The Planning Commission approved lire subject CUP application (4 0; 1 abstention; 2 absent) subject to conditions of approval including a time limit of six months for the temporary structures and time limit of two years for the temporary commercial recreation use to occur on site and the deferral of rights-of-way dedications and installation of roadway improvements; and R19097 Pagc 2 WHEREAS,a request was submitted to the City Clerk on June 27, 1997, by a City Council Member that the City Council review the decision of the Planning Commission, pursuant to Zoning ' Section 9410-00 of the Zong Ordinance which sets forth guidelines allowing a City Council Member to initiate City Council review of a Planning Commission decision, subject to Chapter 2.05 of[Ile Municipal Code governing appeal; and WHEREAS, the City Council has modified the Planning Commission condidons requiring a six month conditional use permit thne limit for the temporary colrmnercial recreation use and requiring the installation of a sidewalk adjacent to Runon Road; and WIIEREAS, notice of a public hearing of the City Council of the City of Pahn Springs to review the Planning Commission decision of the stnbject conditional use permit application was given in accordance with applicable law; and WHM-AS 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. TPIE CITY COUNCIL HEREBY FINDS AS FOLLOWS. Section 1: Pursuant to CEQA,the City Council finds as follows: An Environmental Assessment was previously prepared for the original ' conditional use permit for the Patin Springs Market Place, and a Negative Declaration was filed in accordance with stare and local law by the City Council in 1994 and subsequently in 1995. The subject conditional use permit application, for the same site, includes similar types of uses yielding similar or less occupancy and vehicular hips and is adequately covered by the traffic study which is part of t11e original Environmental Assessment prepared pursuant to CEQA, for which a Negative Declaration was riled. Section 2: Pursuant to Section 9402.00 of the Zoning Ordinance, the City Council finds as follows: a. The use applied for at the location set forth in the application is properly one for which a conditional use perm t is authorized by the City's Zoning Ord'uaance. The zoning ordinance allows temporary structures pursuant to the approval of a conditional use permit by the Planning Commission in an M-1 zone. The subject temporary structures consist of two tent structures for purposes of an in-line, skating rink (32,472 square feet) and an ice skating rink (33,088 square feet) and four modular structures totaling 6,720 square feet for purposes of food concessions, a pro-shop, locker rooms and restrooms. Pursuant to the Uniform Building Code (UBC), a building permit for temporary stmctnres is valid for a period no greater than six mouths; however, the Zoning Ordinance does not define the leogrh of time for temporary structures or uses. Therefore, the Planning Commission approved the use of the temporary structures for a period of six months and approved die temporary commercial recreational use of the site for a period of two years. The City Council is modifying the Planning Commission decision to allow the tcurporary commercial recreational use of the R19097 Page 3 site for a period no greater than six mouths which is consistent with the time limitation set forth on die use of the temporary structures. ' b- The said use is necessary or desirable for the development of die community, is in harmony with the various elements or objectives of the Generd Plan, and is not detrimental to existing uses or to future uses specircally permitted in the zone in which the proposed use is to be.located. The proposed use, s temporury ice-skating and in-line skating facility is desirable for die community such that the proposal will provide a commercial recreational facility witch is needed and lacking in die community- Tho facility will be located on previously developed property which is in an industrial zone adjacent to other vacant parcels and across the street from conunercial and industrial properties located within the City of Cathedral City. The facility will be appropriately located such that it is on a major thoroughfare witch serves as a convenient locale for patrons of the facility. 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 pennittcd future uses of land in the neighborhood. The approxhnately 20 acre site is more than adequate in size to accommodate the ' temporary structures and necessary parking; die structures are set back more than die rninirnum required along Ration Road and Crossley Road. Temporary landscaping will be provided in the form of potted plants and trees. The height of the temporary tent structures is 48 feet wliich is greater than the maximum height permitted by the Zoning Ordinance, although it is less than the maximum height set forth in die General Plan. Additionally, Ibe temporary structures and temporary commercial recreation use will be allowed for no more than six months. d. The site for the proposed use relates to streets and highways which are properly designed and improved to Ivry the type and quantity of traffic to be generated by the proposed use. Tbc proposed temporary use is proposed in a location adjacent to a major and secondary tnorouglhfate. With the future dedication of additional rights-of-way and future installation of necessary off-site improvements, the use will appropriately relate to the adjacent streets regarding generated traffic and improved roadways- C. 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 slandarls. All proposed conditions of approval are necessary to ensure public health and safety including Qhc requirement which Milks tine use of the temporary facility to a period of six months from the date of the issuance of certificates of occupancy for the temporary structures. R19097 Page 4 f. A ❑c:xus and rough proportionality have been established for the requirement of dic righ[-of-way dedications and installation various off-site improvements such as curb and gutter, sidewaWbicycle path, and pavement respiring. ' The future dedication of public u•igltts-of-way, the installation of sidewalk along Ramon Road and the fame installation of various other off-site improvements including the instillation of curb ,and gutter (curb and gutter ro be installed by the City) and the relocation of a traffic signal is related to the project with regard to the anticipated capacity of die proposed use. These requirements are set forth in an approved traffic study prepared for the Pain,Springs Market Pair on the subject site as part of the approved environmental assessment in order to accommodate vehicular and pedestrian circulation issues. Currently, the property is almost entirely paved and includes two small restore facilities; at this dine however, the site is vacant.. Therefore little or no usage of Ilse roads and sidewalks could be due to the subject property at this time. 13owevcr, those using the property in the will benefit from the installation of a sidewalk along Ramon Load as well as from the future deferred improvements on Ramon Road and Crossley Drive. The patrons of d)c proposed sports I"acility must use Ramon Road and Crossley Road to access the property; the proposed use is a sports facility which will most likely attract paunns to the site who choose to walk or bike to the site. Therefore, those who use and occupy the site will benefit lium due required off-site improvements. NOW, TIIEREkORE, BE IT RL•'SOLVED that, based on the foregoing, the City Council hereby modifies thu Planning Commission approval of Conditional Use Permit ' 5.0648A, for two temporary tent structures and four modular structures to be located on an approximately 20 acre site at the southeast corner of Ramon Road and Crossley Road for a period no greater than six months from the date of a certificate of occupancy for the temporary structures, subject to modified condition of approval #7 and#37 (conditions on file in the Office of the City Clerk). ADOPTED TWS 30th day of duly 1997. AYES: Members Barnes, Hodges, oden, Spurginand Mayor Kleindienst NOES: None None ABSENT: ATTEST: / CITY'01: A�NGS, CALIFORNIA B // CjityClerk City Matta er REVIEWED BY: