HomeMy WebLinkAbout24253 RESOLUTION NO. 24253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE
5.1419, A CONDITIONAL USE PERMIT (CUP) TO ALLOW
THE OPERATION OF A CHARITABLE INSTITUTION AT
AN EXISTING COMMERCIAL BUILDING LOCATED AT 441
SOUTH CALLE ENCILIA, ZONE LSC (APN: 508-094-015).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Well in the Desert ("Applicant') has filed a Conditional Use Permit (CUP)
application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code
(PSZC) to allow social services for homeless individuals within an existing building
located at 441 South Calle Encilia, Zone LSC, APN: 508-094-015. The Applicant
proposes to operate the facility generally from 7:30 a.m. to 6:00 p.m., offering a cooling
center during the summer months, a drop-in center on a year-round basis, general
social and employment services, and administrative functions for the organization.
B. The proposed use is a charitable institution and may be permitted at the
proposed location with the approval of a Conditional Use Permit, pursuant to PSZC
Section 92.04.01(A)(2)0).
C. On June 14, 2017, a public hearing on the application was held by the Planning
Commission in accordance with applicable law.
D. The Planning Commission reviewed and considered all evidence presented in
connection with the hearing on the application, including the staff report and all written
and oral testimony presented, and voted 6 to 0 to recommend approval of the
application to the City Council.
E. Notice of a public hearing of the City Council of the City of Palm Springs to
consider Case 5.1419-CUP was given in accordance with applicable law.
F. On June 21, 2017, a public hearing was held by the City Council in accordance
with applicable law.
G. 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 I exemption (Existing Facilities) pursuant to Section
15301(a) of the CEQA Guidelines.
H. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing upon the project, including, but not limited to,
the staff report, and all written and oral testimony presented.
I. Pursuant to PSZC Section 94.02.00(B)(6), the City Council finds as follows:
Resolution No. 24253
Page 2
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.
PSZC Section 94.02.00 allows the issuance of a Conditional Use Permit
for a Charitable Institution in all zoning districts of the City where not
expressly prohibited. The proposed use is located within the boundaries
of the Section 14 Specific Plan, and has a designation of LSC (Local
Serving Commercial); the use is not expressly prohibited by the Section
14 Specific Plan, and would therefore be permissible upon approval of a
Conditional Use Permit.
2. That the use is necessary or desirable for the development of the
community, 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.
The principal function of the use is to provide a cooling center for
homeless individuals during the summer months, as well as to provide
counseling and employment services. These are necessary services for
the community, and there are limited other facilities and services currently
available to homeless individuals in the greater Palm Springs area. With
the closure of Roy's Desert Resource Center, there will be an even
greater need for services for the homeless. Consequently, the proposed
use is necessary for the community.
The proposed use is consistent with the General Plan designation of CBD
(Central Business District) for the site, which anticipates a broad range of
retail, office, and residential uses. The General Plan also encourages the
provision of services for homeless individuals and families. Policy HS3.2
of the Housing Element encourages the provision of supportive services
for people who are homeless.
The site is located in a partially developed area, with commercial uses to
the west and multifamily residential uses to the east. Undeveloped
parcels are located to the immediate north and south of the subject site.
As the proposed use is limited to office uses and supportive services, it is
consistent with the uses permitted in the subject zoning district, provided
the range of services is not expanded beyond those proposed. While the
allowed commercial uses have the potential to impact the adjacent
residential uses located on the east side of Calle Encilia, limitations on the
proposed use are necessary to reduce those impacts to residents.
3. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
Resolution No. 24253
Page 3
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The existing office complex is of adequate size to accommodate the
number of anticipated patrons and to accommodate the services to be
provided. The complex has adequate parking spaces for the proposed
use, and is generally in compliance with setbacks and other development
standards.
4. That the site for the proposed use relates to the streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use.
The site has direct access to Calle Encilia, with an exit driveway located
on the south side of the building and a two-way driveway located on the
north side of the building. The General Plan designates Calle Encilia as a
Collector Street; the proposed use will not impact the current Level of
Service and the street has adequate capacity to carry the quantity of traffic
to be generated by the use.
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.
As there are concerns about the secondary impacts of the proposed use,
conditions of approval are necessary to mitigate those impacts and protect
the public health, safety and general welfare. Conditions of approval are
included as an attachment to this report, and are intended to address the
anticipated impacts. The conditions of approval include requirements for
on-site security, property maintenance, limits on the hours of operation,
and limits on the range of services provided.
An area of concern is the fact that a portion of the office complex where
the proposed use is intended to be located is currently vacant and
boarded. This presents an "attractive nuisance," and as such, a condition
of approval is included to require that the property owner adequately
secure the vacant portion of the structure so as to prevent trespassing.
This requirement, in addition to the other conditions of approval, is
intended to assist in protecting the general public welfare.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
That the findings and determinations 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.
Resolution No. 24253
Page 4
That the City Council hereby approves Case 5.1419 CUP for a charitable
institution in the existing commercial building located at 441 South Calle Encilia, subject
to the conditions of approval attached herein as Exhibit A.
ADOPTED THIS 21s� DAY OF JUNE, 2017.
David H. Ready, Esq.,
City Manager
ATTEST:
Kathleen D. Hart, MMC
Interim City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Resolution No. 24253 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 June 21, 2017,
by the following vote:
AYES: Councilmembers Kors, Roberts, and Mayor Pro Tern Foat
NOES: Councilmember Mills and Mayor Moon
ABSENT: None
ABSTAIN: None
RECUSAL: None ''// II 11
Kathleen D. Hart, MMC
Interim City Clerk
RESOLUTION NO. 24253
EXHIBIT A
Case 5.1419 CUP
Well in the Desert
Address: 441 South Calle Encilia
June 21, 2017
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 Services, the Director of
Building and Safety, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval authorizes the Well in the Desert, a
charitable institution, to provide services to homeless individuals within an
existing building located at 441 S Calle Encilia, except as modified with the
approved the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the plans submitted in conjunction with this application and
maintained 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
Resolution No.24253
Conditions of Approval Page 2 of 6
5.1419 CUP—Well in the Desert at 441 S Calle Encilia June 21,2017
officers concerning Case 5.1419 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 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 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. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Commencement of Use. The time limit for commencement of
the operation authorized by this conditional use permit shall be prior to the
term limit imposed in Condition of Approval No. PLN 1 below.
ADM 8. Revocation or Voidinq of Conditional Use Permit. Approval of this Conditional
Use Permit is subject to all terms and conditions outlined herein and pursuant
to Zoning Code Section 94.02.00(I).
ADM 9. Public Art Fees. This project is excepted from paying public art fees as a
nonprofit social service, pursuant to Section 3.37.050(b)(4) Palm Springs
Municipal Code.
ADM 10. Cause No Disturbance. The owner 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
Resolution No. 24253
Conditions of Approval Page 3 of 6
5.1419 CUP—Well in the Desert at 441 S Calle Encilia June 21,2017
and conditions of approval. Failure to comply with these conditions may
result in revocation of this permit, temporary business closure or criminal
prosecution.
ADM 11. Grounds for Revocation. 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 Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
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.
ADM 12. Comply with City Noise Ordinance. 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.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of$64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the City Council's
decision on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Exemption. Action on this application shall not be
considered final until such fee is paid.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Hours of Operation. The operating hours shall be limited to 7:30 A.M. until
6:00 P.M. daily. The hours of operation may be extended to 8:00 p.m. during
periods of extreme heat ("extreme heat" defined as temperatures in excess of
the average daily high temperature). No overnight occupancy shall be
permitted. Any modifications to the hours of operation shall require an
amendment to this Conditional Use Permit.
PLN 2. Changes in Operation. The applicant shall notify the Director of Planning
Services in writing 30 days in advance of any changes in the operation of
business. Any transference of this Conditional Use Permit upon change of
ownership is subject to review and approval by the City.
PLN 3. Maximum Number of Occupants. Occupancy of the tenant spaces shall not
exceed the following limits:
Resolution No.24253
Conditions of Approval Page 4 of 6
5.1419 CUP—Well in the Desert at 441 S Calle Encilia June 21,2017
• Suite #3: 19 persons
• Suite #4: 6 persons
• Suite #5: 17 persons
The occupancy limits listed above include both patrons and staff members,
and shall remain as listed unless otherwise amended by the Director of the
Building & Safety Department.
PLN 4. Permitted Services. The applicant shall be permitted to maintain a cooling
center (seasonal) and drop-in center (year round) with associated activities
for homeless individuals, offer counseling services, offer employment
services, offer case worker support, and maintain general administrative
office functions. No other services shall be offered, unless an amendment to
this Conditional Use Permit is approved pursuant to the procedures identified
in PSZC Chapter 94.
PLN 5. Food Service. The applicant is prohibited from providing meal service to
patrons at the facility. Meal service may be provided at approved off-site
locations. While meal service is prohibited, water, soft drinks, and pre-
packaged food items may be provided to patrons while using the facility.
PLN 6. Distribution of Food and Other Commodities. No mass distribution of food,
clothing or other similar commodities is permitted at the subject site.
PLN 7. On-site Security. The applicant shall be required to provide private on-site
security personnel a minimum of two hours prior to opening hours and for
three hours after closing hours.
PLN 8. Loitering. Patrons of the facility shall not be permitted to loiter on the subject
site or on adjacent parcels. On-site security shall be responsible for
monitoring and reporting incidents of loitering.
PLN 9. Lighting. The applicant shall be required to provide and maintain adequate
lighting at all entrances and stairwells in the office complex. Building
entrances and stairwells shall remain illuminated between sunset and sunrise.
PLN 10. 24-Hour Contact Number. The applicant shall be required to maintain a 24-
hour contact number visible and available to the public to report any
disturbances or issues related to the facility.
PLN 11. Additional Maintenance Requirements. The applicant shall assure that the
vacant units within the subject office complex are adequately boarded and
secured to prevent trespassing or occupation by homeless individuals. In
addition, the applicant shall ensure that the subject property shall be
maintained in accordance with the requirements of PSZC Section 93.19.00.
Resolution No.24253
Conditions of Approval Page 5 of 6
5.1419 CUP—Well in the Desert at 441 S Calle Encilia June 21,2017
PLN 12. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 13. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 14. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 15. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 16. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by patrons and employees. Location and
design shall be approved by the Director of Planning.
PLN 17. Review Period. After six (6) months and twenty-four (24) months of
operation, the Conditional Use Permit shall be reviewed at a public hearing of
the City Council, at which time the City Council shall review conformance to
the conditions of approval and other issues associated with the operation of
the use.
PLN 18. Closing Procedures. The applicant shall be required to maintain a daily
register documenting the transportation of patrons to bus stops or other
locations at the close of business each day. The register shall be made
available to City staff for review upon request.
PLN 19. Outdoor Use. The applicant shall not be permitted to provide any facilities
(such as seating, misting systems, or shade structures) outside of the tenant
spaces shown on the approved floor plan, nor may patrons be permitted to
congregate outside of the tenant spaces.
PLN 20. Fire Prevention — Suite 3 and Suite 5. The applicant shall be required to
comply with the reasonable directives of the applicable fire prevention
requirements as determined by the City Attorney and the Fire Marshal, now
defined as follows:
a. Interior Configuration. The door and casing between Suite 3 and Suite 5
shall be removed, and the opening shall be increased to a minimum of
four(4) feet clear.
Resolution No.24253
Conditions of Approval Page 6 of 6
5.1419 CUP—Well in the Desert at 441 S Calle Encilia June 21,2017
b. Doors for Ingress/Egress. The doors for ingress to and egress from
Suites 3 and 5 shall be modified, as necessary, to swing only to the
exterior of the building
PLN 21. Expansion of Tenant Space. Any expansion of the tenant space into any
adjacent tenant spaces not currently described by the approved floor plan
shall require the submittal of a new Conditional Use Permit application,
subject to the review process identified in PSZC Section 94.02.00. The City
hereby agrees to waive the Conditional Use Permit application fee for any
expansion on the subject property.
POLICE DEPARTMENT CONDITIONS
POL 1. The applicant shall comply with Section II of Chapter 8.04 "Building Security
Codes' of the Palm Springs Municipal Code.
POL 2. The operator shall work with the Police Department to amicably resolve
complaints related to the operations at this property.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Construction Permits. Prior to any construction on-site, all appropriate permits
must be secured.
FIRE DEPARTMENT CONDITIONS
FID 1. The applicant will comply with all requirements of the Palm Springs Fire
Department.
END OF CONDITIONS