HomeMy WebLinkAbout24720 RESOLUTION NO. 24720 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A MINOR
ARCHITECTURAL APPLICATION (MAA) BY GABRIEL
LUJAN ON BEHALF OF OG ARABIAN NIGHTS, LLC, FOR
THE RENOVATION OF AN EXISTING 2,466-SQUARE
FOOT COMMERCIAL BUILDING FOR A CANNABIS
LOUNGE AND DISPENSARY FACILITY LOCATED AT 232
NORTH PALM CANYON DRIVE (CASE 3.4150 - MAA).
THE PALM SPRINGS CITY COUNCIL FINDS AND DETERMINES AS
FOLLOWS:
A. Gabriel Lujan, on behalf of the OG Arabian Nights., has filed a Minor Architectural
Application (MAA) request pursuant to Sections 93.23.15(F)(3) of the Palm Springs
Zoning Code seeking a minor architectural approval for an existing 2,466 square feet
commercial building to be used as a cannabis lounge and dispensary facility at 232 North
Palm Canyon Drive, Zone CBD.
B. The PSZC Section 93.23.15(F)(3) requires an architectural review by the City
Council of all cannabis lounge facilities and adult cannabis dispensaries upon a
recommendation by the Architectural Advisory Committee (AAC) subject to the criteria of
Section 94.04.00(D) of PSZC.
C. 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 pursuant to Section 15301(a) of the CEQA Guidelines (Class 1,
Existing Structures).
D. PSZC Section 94.04.00(D) requires an evaluation of the proposed project to
determine if it will provide a desirable environment for its occupants, be compatible with
the character of adjacent and surrounding developments, and whether it is of good
composition, materials, textures and colors. Conformance are to be evaluated based on
the following criteria:
1. Site layout, orientation, location of structures and relationship to one another and
to open spaces and topography. Definition of pedestrian and vehicular areas; i.e.,
sidewalks as distinct from parking lot areas.
The site is fully developed with an existing building. There are existing sidewalks
and parking lot-area located at the rear of the site.- The renovation project is
limited to repainting of window shutters, frames and doors.
2. Harmonious relationship with existing and proposed adjoining developments and
in the context of the immediate neighborhood/community, avoiding both
Resolution No. 24720
Page 2
excessive variety and monotonous repetition, but allowing similarity of style, if
warranted;
The proposed repaint color will be brick/clay. The color is consistent with the roof
colors of the surrounding buildings.
3. Maximum height, area, setbacks and overall mass, as well as parts of any
structure (buildings, walls, screens, towers or signs) and effective concealment of
all mechanical equipment;
The proposed improvements are on an existing building, the height, mass and
setbacks will not be impacted by the renovations.
4. Building design, materials and colors to be sympathetic with desert surroundings;
The proposed color scheme fits the desert environment and will be sympathetic
with desert surroundings but will be limited to the doors, windows frames and
shutters only.
5. Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures which are visible simultaneously;
The proposed repaint of the doors, window frames and shutters will be harmonious
with other existing elements of the historical building.
6. Consistency of composition and treatment;
The proposed repaint color is well suited for the site especially given that the
existing building only needs very limited renovation.
7. Signs and graphics, as understood in architectural design including materials and
colors.
Signage is not part of this proposal. A sign application will be submitted.for a
separate review process in the future.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS
FOLLOWS:
That the evaluations reflected above are true and correct, and are incorporated by this
reference herein as the cause and foundation for the action taken by and through this
Resolution. Based upon the foregoing, the City Council hereby approves Case 3.4150-
MAA; a minor architectural approval for OG Arabian Nights, LLC, which will be located at
232 North Palm Canyon. Drive, subject to the conditions attached as Exhibit A.
Resolution No. 24720
Page 3
ADOPTED THIS 13th DAY OF FEBRUARY, 2020.
David H. Ready, City Mana
ATTEST:
ony J. Mejia M
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS.
CITY OF PALM SPRINGS )
I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24720 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 13th day of February, 2020,
by the following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and
Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 54-,- day of Marc_,. 2t�cpZ
ony J. jia, NAM
City Clerk
Resolution No. 24720
Page 4
EXHIBIT A
Case 3.4150 MAA
OG Arabian Night, LLC. —232 North Palm Canyon Drive
February 13, 2020
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the Director of Planning Services, the Director of Building and Safety, or the
Director of Community and Economic Development, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case 3.4150-
MAA, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped January 16, 2020 on file in
the Planning Division, except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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
3.4150-MAA. 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 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,
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Page 5
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 the indemnification
herein, 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.
ADM 6. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances may result in proceedings to revoke
the approval. In addition, violations of the 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.
PLANNING DEPARTMENT CONDITIONS
PLN 1. The applicant shall remove all the excess lighting and exposed conduits on the
building and clean the building's front facade.
PLN 2. The applicant shall properly screen the mechanical equipment located on the
northerly portion of the roof.
PLN 3. The applicant shall submit a final color sample to staff for review.
PLN 4. The proposed art gallery wall in the lounge area to be aligned with the exterior
storefront wall.
END OF CONDITIONS