HomeMy WebLinkAbout21968 - RESOLUTIONS - 7/11/2007 ' RESOLUTION NO. 21968
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.
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-
1, Section 34; and
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
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
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.
Resolution No. 21968
Page 2 '
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
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
to serve a public clientele which will all arrive within a limited period of time. The
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
by the request.
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.
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
Resolution No. 21968
Page 3
and purposes set forth in this Zoning Code, including but not limited to
mitigation measures outlined in an environmental assessment.
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 111h DAY OF JULY, 2007.
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David H. Ready,C4j&{V1•anage�
ATTEST:
' es 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. 21968 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 July 11, 2007, by the
following vote:
AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pro Tern Pougnet.
ABSTAIN: None.
' oe-s Thompson, CityClerk
Palm Springs, California