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HomeMy WebLinkAbout21878 - RESOLUTIONS - 5/2/2007 RESOLUTION NO. 21878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN INSTITUTION OF CHARITABLE NATURE (WELL IN THE DESERT) LOCATED AT 181 NORTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 15, WHEREAS, Wessman Holding ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance to distribute food baskets of groceries to economically challenged families located at 181 North Indian Canyon Drive, Zone CBD, Section 15; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 1 exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1129 - CUP was given in accordance with applicable law; and WHEREAS, on March 28, 2007, a public hearing on the Conditional Use Permit No. 5.1129 application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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, and all written and oral testimony presented; and WHEREAS, on March 28, 2007, the Planning Commission has recommended approval of Conditional Use Permit No. 5.1129 to the City Council, subject to conditions of approval; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Conditional Use Permit No. 5.1129 was given in accordance with applicable law and in accordance with the Planning Commission's request to notify all tenants and business owners within four hundred feet of the subject site; and WHEREAS, on May 02, 2007, a public hearing on the Conditional Use Permit No. 5.1129 application was held by the City Council in accordance with applicable law; and ' WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. Resolution No. 21878 Page 2 ' THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt as a Class I exemption per Section 15301(Existing Facilities). Section 2: Pursuant to the requirements of Section 94.02.00(B)(6), the City Council finds: 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, an institution of charitable nature is authorized within the CBD zone with the approval of a Type II Conditional Use Permit. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, 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 zone in which the proposed use is to be located. Objective 3.15b of the CBD designation states, "food service as a prominent focus of color and diversity on the retail areas, both in restaurants and as a consumer item." The proposed use is similar to a retail food service, except the items are free to economically challenged families. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project does not propose any exterior changes to the site. Any adjustments to the project site will be internal and the existing conditions are adequate to the use. 4) That 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. The project site is located along North Indian Canyon Drive, which is designated ' as a major thoroughfare by the General Plan Circulation Element. The proposed I ' Resolution No, 21878 Page 3 parking has been determined to be existing non-conforming and proposed use will generate minimal traffic due operation of three and one-half hours on Saturdays only. 5) That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: a. Regulation of use b. Special yards, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. ' k. Regulation of time for certain activities I. Time period within which the proposed use shall be developed m. Duration of use n. Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. There is no change to the existing site plan. This project has conditions of approval, such as restricting hours and days of operation, prohibiting outdoor storage, property monitoring by owner/tenant and others to insure the proposed use will protect the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case No. 5.1129 — CUP, subject to those conditions set forth in Exhibit A. ADOPTED THIS 2nd day of May, SQ__ , ATTEST: David H. Ready, City M`aer ' mes Thompson, City Clerk Resolution No. 21878 Page 4 ' 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. 21878 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 the 2"d day of May, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, and Mayor Pro Tem Pougnet. NOES: Councilmember Mills and Mayor Oden. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk ' ity of Palm Springs, California Resolution No. 218711 Page 5 EXHIBIT A RESOLUTION NO. 21878 Case No. 5.1129 — CUP WELL IN THE DESERT 181 NORTH INDIAN CANYON DRIVE City Council May 2, 2007 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS: 1. This Conditional Use Permit, Case No. 5.1129, is valid for a period of one year from the approval date. The applicant shall either cease all operation of the use or apply for an amendment to this Permit to extend the term. A complete application for said amendment must be submitted prior to expiration of this Permit. PLANNING DEPARTMENT: 2. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, ' advisory agencies, or administrative officers concerning Case 5.1129 — CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will Resolution No. 21878 Page 6 either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance ' with law. 4. Separate architectural approval and permits shall be required for all signs. 5. The street address numbering/lettering shall not exceed eight inches in height. 6. No sirens, outside paging, music speaker system or any type of signalization will be permitted, except approved alarm systems. 7. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 8. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. 9. The applicant shall be required to maintain the opening hours as stated on the Conditional Use Permit application. Hours of operation will be from 7:00 a.m. to 10:30 a.m. on Saturdays only. Any future modifications to the hours of operation shall require prior approval by the Planning Commission and the City reserves the right to modify or restrict the business hours based upon documented operational circumstances. , 10. The applicant/owner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. Any Resolution No. 21878 Page 7 transference of this Conditional Use Permit upon change of ownership is subject to review and approval by the City. 11. The owner and/or tenant shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on- site. The owner and operator shall ensure that at closing time all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. 12. The applicant will provide all buyers with a copy of this Conditional Use Permit. FIRE 13. The applicant will comply with all requirements of the Palm Springs Fire Department. BUILDING 14. The applicant will obtain permits for all construction involved with the site. 1