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Home My WebLink About5/2/2012 - STAFF REPORTS - 1A A°gyp A`M S. �2 a c u N « oMORgEO`c9 c4lip°�"�P CITY COUNCIL STAFF REPORT DATE: May 2, 2012 PUBLIC HEARING SUBJECT: AN APPEAL OF THE DECISION BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT APPLICATION FOR THE OPERATION OF A CONVENIENCE STORE USE WITHIN THE SUN CENTER COMPLEX LOCATED AT 611 SOUTH PALM CANYON DRIVE — CASE NO. 5.1269 CUP. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY On March 22, 2012, Gresham Savage Nolan & Tilden ("Gresham Savage" or "appellant"), representing Lend Lease Corporation and 7-Eleven Stores, Inc., requested that the City Council overturn the Planning Commission's decision of March 14, 2012, denying a Conditional Use Permit application to allow a convenience store use within the Sun Center commercial complex located at 611 South Palm Canyon Drive. A public hearing on the matter was scheduled for May 2, 2012. On April 25, 2012, and after the notice of public hearing, this appeal was withdrawn by the applicant/ appellant. No further action is necessary. f L�, r ig A. E ' ing,,A P omas Wilso ssistant City Manager Di etofOf Plaroni g Services David H. Ready, Hager ITEM NO. Page 1 of 2 Kathie Hart From: Ernest Riffenburgh [Ernest.Riffenburgh@greshamsavage.com] Sent: April 25, 2012 11:54 AM To: David Newell Cc: Jay Thompson; Kathie Hart; 'Sabin, David'; 'Oliver, Stephen (Stephen.Oliver@7-11.com)'; 'Smirl, Brett (Brett.Smirl@7-11.com)', 'Danny C. Ramirez (YESCO)` Jennifer Guenther; Vilma Uribe Subject: RE: Withdrawal of CUP Application &Appeal, Case 5.1269 CUP; Proposed Convenience Store at 611 South Palm Canyon Dear Mr. Newell Effective immediately, our client, 7-Eleven, Inc., has elected to withdraw the above-referenced CUP application filed on its behalf by Lend Lease Coroporation, including the pending appeal to the City Council. It has also elected to withdraw the related sign program application filed on its behalf by YESCO. Please remove the pending CUP appeal from the Council's May 2 agenda, but forward to me a copy of the Staff Report which has been prepared for this matter. Please also delete the sign program application as a matter for future Planning Commission consideration. Thank you for your courtesy and cooperation during the pendency of these applications. Best regards, Ernie Riffenburgh Ernest Riffenburgh Shareholder Gresham Savage Nolan &Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 Office: (909) 890-4499 Ext.1758 Fax: (909) 890-9877 ( Cell: (951) 314-4260 www.GreshamSavage.com CONFIDENTIALITY STATEMENT:This electronic message contains information from the law firm of Gresham Savage Nolan& Tilden,a Professional Corporation, and may be confidential or privileged.The information is intended solely for the use of the individual(s)or entityhes}named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this e-mail in error, please notify us immediately by telephone at(909)890-4499 or by e-mail reply and delete this message.Thank you. The following disclaimer is included to insure that we comply with U.S.Treasury Department Regulations,Those Regulations now require that we either(1)include the following disclaimer in written correspondence with potential impact on Federal tax matters or(2)undertake significant due diligence which we have not performed(but can perform for a fee on request). ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED. AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY Ol"HER PERSON,. FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX (2) PROMOTING,MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN, From: David Newell [mailto:David.Newell@palmsprings-ca.gov] Sent: Wednesday, April 25, 2012 9:22 AM To: Sabin, David Cc: Ernest Riffenburgh; Jay Thompson; Kathie Hart Subject: Appeal of Case 5.1269 CUP; Proposed Convenience Store at 611 South Palm Canyon Drive, Palm Springs, CA 04/25/12 Page 2 of 2 Mr. Sabin, The attached letter will supplement the Public Hearing Notice mailed to you last week regarding your appeal of Case 5.1269 CUP; a proposed convenience store at 611 S. Palm Canyon Drive, Palm Springs, CA. Feel free to contact me should you have questions. David A. Newell Associate Planner City of Palm Springs 32061:i.'I'alrgiutr Cuxyon Wac P.Q. Box 2743 Palm Springs,CIA 9226 3..27,13 Office: 60 323-8245 Fax: 760) 322-M60 04/25/12 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION o yMP City Council Meeting Date: May 2, 2012 Subject: Case 5.1269 CUP -- 7-Eleven, 611 South Palm Canyon Drive AFFIDAVIT OF MAILING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on April 19, 2012, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (77 notices) I1/declare under penalty of perjury that the foregoing is true and correct. 1�•"C,419 Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on April 21, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on April 19, 2012. 1 /declare under penalty of perjury that the foregoing is true and correct. ,` Kathie Hart, CMC Chief Deputy City Clerk The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 PECEi V o 760-778-4578/Fax 760-778-4731 ALit S , 2012 11 A� 1 AM 8: 35 State Of California SO: r'L j j County of Riverside 61TY CLER,:; Advertiser: c CITY OF PALM SPRINGS/LEGALS No 1112 NOTICE OF BLIC HEARING a PO BOX 2743 CITY OUNCIL PALM SPRINGS CA 922632 CITY OF LM SPRINGS t APPEAL OF CASE 1269 CONDITIONAL PERMIT jl ?-ELEVEN • 00 VENIENCE STORE OttSOOTH .CANYON DRIVE 2000314362 NOTICE IS GIVEN 0mt the City Council F of thaChy of Palm California,wiN hold a C pp�JblN heaftat lb of Mayy 2,2012..The City Coerldl•meehn �epias.at 6:00 ,m. m the a Council Chamber, liaN�3290 r.�€41 n; Canyon Way,Palm The purpose of this ring is to oons'afer an ap. p7eel of the Planni Commission's Mamh 24, YI 2012,denial of a dtlonal Use Permit a h 24, h I am over the age of 18 years old, a citizen of the United n I M u Lease 1op m1e a 2Pernet mlvar. States and not a pally to, or have interest in this matter. I Zone Pa77. Saer61 Palm Carryon Ddva,. hereby certify that the attached advertisement appeared a in said newspaper (set in type not smaller than non padel) wPMmwe.mW tl in each and entire issue of said newspaper and not in any My li supplement thereof on the following dates,to wit �,.rv, _.T._ tl Newspaper: .The Desert Sun 3 t 4/21/2012 3 i frym CRY PgLM9PRIXl38J___ 1 I acknowledge that I am a principal clerk of the printer of P« p The Desert Sun, noted and published weekly in the City ENVIRONMENTAL EfERMiNATk)N: An envi- P P Y tY renmental assessme has been prepared under of Palm Springs, County of Riverside, State of California. the ggui A d a Categorical Exemption defines of California Environmental Act(CEOA The Desert Sun Sun was adjudicated a newspaper of general hasbeenpropos� circulation on March 24, 1988 by the Superior Court of the REVIEW OF PRQIE INFORMATION:The ate9 County of Riverside, State of California Case No. 1 thisreport arid oeruuOcentregan191236. ar b tilewewCity from 88:0v0 a.m.Io 11 a.m. nd 2 p.m.b 8:00 m.Mon- Offioe of71re�CNrk at W).3234M N you would like to sc eduIs an ointment to review these I declare under penalty of perjury that the foregoing is true documents. and correct. Executed on this 21st day of April, 2012 in COMMENT ON THI APPLICATION: Response to Sus rlolice may made verbally at the pubk hearing and/or in wr"'ng before the hearing.Wm- Palm Springs,California ten commems may medeto the PlanningCom- m1sskn by leper(for 11 or hand delivery)to: James CRY Clark _- 3 Palm nits CA=say ¢ 11 Any challenge of proposed proieet m cox[ m%be hinted to ' rg tiny those,(sse raised at Me public hearing m the rlotice,or m wri89n w lid darwemd g; (G Coy Clerk g the bNe heatng.'(Govem ciao Declarant's Si y 'acode�mnoron6sogs )(2)). An oPPorkau wul given at sold hearing for all 1nNr�d Pefapns fa be, :Questions regard- tog is ease may 9lre ter David A.Newel Head dataPlg�aywnuno a (760)323-8245. IN 1� a le C de.. geNa 'Por tavpr Neale Nadine Pbger t'e Oipy W(760) 323- 8245. Thompem,City Clerk Pub&*ACh 4f2W2 - NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS APPEAL OF CASE 5.1269 CONDITIONAL USE PERMIT 7- ELEVEN - CONVENIENCE STORE 611 SOUTH PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 2, 2012. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an appeal of the Planning Commission's March 24, 2012, denial of a Conditional Use Permit application by Lend Lease to operate a 24-hour convenience store use at 611 South Palm Canyon Drive, Zone PD-77. ENVIRONMENTAL DETERMINATION: An environmental assessment has been prepared under the guidelines of the California Environmental Quality Act (CEQA) and a Categorical Exemption has been proposed. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this are available for public review at City Hall from 8:00 a.m. to 11 a.m. and 2 p.m. to 6:00 p.m. Monday through Thursday. Please contact the Office of the City Clerk at (760) 323- 8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the public hearing and/or in writing before the hearing. Written comments may be made to the Planning Commission by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David A. Newell, Associate Planner, at (760) 323-8245. Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. James Thompson, City Clerk =o v.M d90 N Department of Planning Services "" e Vicinity Map t ---RAIDN RD I � i J t[ a Ott t� 4 � l ' CA 1 ROCELA ( t f+ 1 3t i l- Ott SUNNY DUNES RD �`� 0 — A C Legend Parcels ® site 0400'Buffer CITY OF PALM SPRINGS CASE NO: 5.1269 CUP DESCRIPTION: To consider an appeal of the Planning Commission's March 24, 2012, denial of a APPLICANT: Lend Lease for Conditional Use Permit application by Lend Lease to 7-Eleven operate a 24-hour convenience store use at 611 South Palm Canyon Drive, Zone PD-77. o�QALM SAPZ City of Palm Springs Office of the City Clerk 3200 E.Tahquitz Canyon Way • Palm Springs,CA 92262 A" ' Tel: (760) 323-8204 • Fax:(760)322-8332 • TDD: (760)864-9527 • Web:www.palmspringsca.gov CQ</FORN�P April 19, 2012 Ms. Claudia Salgado Bureau of Indian Affairs Fax To: Belinda Ray P. O. Box 2245 (760) 416-2687 Palm Springs, CA 92263 RE: City Council Meeting — May 2, 2012 Public Hearing Notice—Case 5.1269 CUP—7- Eleven 611 South Palm Canyon Drive Dear Ms. Salgado: The City Council will be conducting a public hearing at 6:00 p.m. on May 2, 2012, to consider consider an appeal of the Planning Commission's March 24, 2012, denial of a Conditional Use Permit application by Lend Lease to operate a 24-hour convenience store use at 611 South Palm Canyon Drive, Zone PD-77. I have enclosed copies of the notice for distribution and your file; however, please advise if additional notices are required. The allotment numbers and corresponding APN within 400 feet of the subject property are as follows: APN Allotment Number 513-250-020 now 513-250-650 119B 513-250-024 now 513-250-049 T17CB 513-280-005 10B 513-280-015— 513-280-018 5B & 35B 513-290-004 26B Thank you for your continuous assistance and support. Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, Y Kathie Hart, CIVIC Chief Deputy City Clerk /kdh Encl: Public Hearing Notices (7 copies) Post Office Box 2743 0 Palm Springs, California 92263-2743 O�QALAgsp� ... A� N City ®f Palm Springs V Department of Planning Services * �Co•MR**f9.°'0 * 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 C,q<1FOR��P Tel:(760)323-8245 • Fax:(760)32;8360 • Web:www.palmspringsca.gov April 24, 2012 7-Eleven Stores, Inc. c/o Lend Lease Attn: Mr. David Sabin 800 West 6" Street, 16" Floor Los Angeles, CA 90017 RE: Appeal of Planning Commission Decision on Case 5.1269 CUP Conditional Use Permit for a Convenience Store Use 611 South Palm Canyon Drive Mr. Sabin, This letter is notice to you that the public hearing on your appeal in the above matter has been scheduled for the City Council meeting of Wednesday, May 2, 2012. The meeting begins at 6:00 p.m, and will be held in the Council Chambers of City Hall, 3200 E. Tahquitz Canyon Way. A staff report on the matter will be forwarded to you approximately five (5) days prior to the hearing. Feel free to contact me at(760) 323-8245 if you have any questions. Sincerely, David A. Newell Associate Planner cc: Gresham Savage Nolan & Tilden, Attn: Ernest Riffenburgh, Esq. City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743 O�QALAgsp� ... A� N City ®f Palm Springs V Department of Planning Services * �Co•MR**f9.°'0 * 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 C,q<1FOR��P Tel:(760)323-8245 • Fax:(760)32;8360 • Web:www.palmspringsca.gov April 24, 2012 7-Eleven Stores, Inc. c/o Lend Lease Attn: Mr. David Sabin 800 West 6" Street, 16" Floor Los Angeles, CA 90017 RE: Appeal of Planning Commission Decision on Case 5.1269 CUP Conditional Use Permit for a Convenience Store Use 611 South Palm Canyon Drive Mr. Sabin, This letter is notice to you that the public hearing on your appeal in the above matter has been scheduled for the City Council meeting of Wednesday, May 2, 2012. The meeting begins at 6:00 p.m, and will be held in the Council Chambers of City Hall, 3200 E. Tahquitz Canyon Way. A staff report on the matter will be forwarded to you approximately five (5) days prior to the hearing. Feel free to contact me at(760) 323-8245 if you have any questions. Sincerely, David A. Newell Associate Planner cc: Gresham Savage Nolan & Tilden, Attn: Ernest Riffenburgh, Esq. City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743