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Home My WebLink About7/11/2007 - STAFF REPORTS - 2.H. °4pALMSAR c (a U + w CITY COUNCIL STAFF REPORT DATE: JULY 11, 2007 CONSENT SUBJECT: CASE NO. 5.1157 CUP — PROPOSED RESOLUTION DENYING THE APPLICATION FOR THE WELL IN THE DESERT TO OPERATE A FOOD DISTRIBUTION CENTER AT 202 SAN RAFAEL DRIVE, FROM; David H. Ready, City Manager i BY: Office of the City Clerk I I SUMMARY i At its meeting of June 13, 2007, the City Council conducted a public hearing to consider a Conditional Use Permit application for a food distribution center operated by the Well I in the Desert at 202 W. San Rafael Drive. I The City Council directed staff to prepare a Resolution for the City Council to deny the application. RECOMMENDATION: Recommendation: Adopt Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DENYING AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN INSTITUTION OF CHARITABLE NATURE LOCATED AT 202 SAN RAFAEL DRIVE, ZONE M-1, SECTION 34." I A. wing, AIV Thomas Wilson, sistant City Manager Dirdet6r of Plannjg Services David H. Ready, City an Attachments: Proposed Resolution ITEM N10. i i � RESOLUTION NO. I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DENYING AN APPLICATION FOR A CONDITIONAL USE i PERMIT FOR AN INSTITUTION OF CHARITABLE NATURE LOCATED AT 202 SAN RAFAEL DRIVE, ZONE M-1, SECTION 34. I WHEREAS, Well in the Desert ("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 202 San Rafael Drive, Zone M- i 1, Section 34; and i WHEREAS, on June 13, 2007, the Planning Commission conducted a noticed public hearing on the request, following which hearing the Commission recommended approval of the project by a vote of four to two; and i WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case No. 5.1157 — CUP was given in accordance with applicable law; and I WHEREAS, on June 13, 2007, a public hearing on the Conditional Use Permit No. 5.1157 application was held by the City Council in accordance with applicable law; 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, 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, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the following required findings for a Conditional Use Permit cannot be met by the proposed project, as follows: 1) 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 buildings on the site were constructed under Riverside County standards, prior to being incorporated by the City of Palm Springs. San Rafael drive does �,f.,�t.,r_.. it I Resolution No. Page 2 not have all the required right-of-way dedication or improvements installed (sidewalks, curbs, etc.) which are consistent with the City of Palm Springs' Ordinances. Setbacks, landscaping, parking, and trash enclosures do not conform to the City of Palm Springs' development standards. The use proposes i to serve a public clientele which will all arrive within a limited period of time. The j substandard conditions of the site will not support the attendant traffic, parking and pedestrian movements of the proposed use, and this finding cannot be met j by the request. I 2) 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. I The project site is located on San Rafael Drive which is designated as Secondary Thoroughfare on the General Plan. While the road is properly designated as a Secondary thoroughfare, it is neither improved nor dedicated to current City requirements in that the road's improved width is approximately twenty feet compared to a minimum of eighty-eight feet. Consequently, the condition of the road may pose safety issues for pedestrian and vehicular traffic with the proposed use, and this finding cannot be met. ' 3) 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. Resolution No. Page 3 Based on the location of the buildings and the condition and width of San Rafael Drive, there are no conditions sufficient to provide safe movement of vehicles and pedestrians, and this finding cannot be met. SECTION 2. Based upon the foregoing, the City Council hereby denies Case No. 5.1157 — CUP. ADOPTED this 11th day of July, 2007. i David H. Ready, City Manager ATTEST' I i I James Thompson, City Clerk 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. _ 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 1�5'r7�