HomeMy WebLinkAbout22628 - RESOLUTIONS - 12/2/2009 RESOLUTION NO 22628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING THE WELL IN
THE DESERT APPEAL AND UPHOLDING THE PLANNING
COMMISSION DECISION TO DENY A DETERMINATION
REQUEST THAT DETERMINES A COMMUNITY
SERVICES CENTER IS A SIMILAR USE TO OTHER
PERMITTED USES ALLOWED WITHIN THE M-1-P, FOR
THE SITE LOCATED AT 555 COMMERCIAL ROAD CASE
10.470 DET.
WHEREAS, in accordance with Section 94.01.00 of the Palm Springs Zoning Code, the
Planning Commission may determine that an unlisted use may be similar to those listed
as permitted in any zone and be treated in a like manner; and
WHEREAS, Well in the Desert ("Applicant") filed an application with the City pursuant
to Section 94.01.00 of the Code for a determination request to allow a Community
Services Center within the "M-1-P" Zone; and
WHEREAS, on September 23, 2009, the Planning Commission received a staff report
and public testimony on the matter, following which the Commission by a vote of 6 to 1
(Scott opposed) denied Case No. 10.470 DET (Resolution No. 7231); and
WHEREAS, on October 1, 2009, Well in the Desert filed an appeal of the Planning
Commission's decision of September 23, 2009 to the City Council; and
WHEREAS, on December 2, 2009, the City Council conducted a public hearing on the
appeal by Well in the Desert; and
WHEREAS, the City Council reviewed all of the evidence presented in connection with
the matter, including, but not limited to, the staff report and exhibits prepared on the
matter, and all written and oral testimony presented.
THE. CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The Council hereby finds that Section 94.01.02.13 of the Palm Springs
Zoning Code requires four findings of approval for a determination, including Finding
No. 1:
1.That the use is in keeping with the stated intent and purpose of the zone.
SECTION 2, The Council hereby finds that Section 92.16.00 of the PSZC, states the
intent and purpose of the "M-1-P" Planned Research and Development Zone:
Resolution No 22628
Page 2
"...to provide for and encourage planned industrial districts compatible
with surrounding or abutting residential zones and which would not in any
way depreciate the character of the resort community. Uses are to be
confined to those administrative, wholesaling, warehousing and light
manufacturing activities that can be carried on in an unobtrusive manner,
and to certain accessory commercial facilities that are necessary to
service the employees of the zone. No industrial use shall be permitted
which, by the nature of its development or operation, will in any way
adversely affect the resort-residential environment in the city."
SECTION 3. In consideration of Finding No. 1 of Section 94.01.02.13 of the Palm
Springs Zoning Code, the Council hereby finds the proposed Community Service
Center, including emergency food distribution, meal service and social services, is not
keeping with the stated intent and purpose of the W-1-P" gone, because the proposed
use has the potential to increase loitering in a residential neighborhood and adversely
affect the resort-residential environment
The use proposes to provide food and social services to low income and homeless
persons within an existing building located at 555 Commercial Road. No overnight
accommodations are being provided. In order to determine if the proposed use would
be compatible with the adjacent residential zone to the west and operate in an
unobtrusive manner, the following items were analyzed: dust, loitering, noise, odors,
traffic and vibration. Of these items, loitering and traffic are of concern as they may
adversely affect the resort-residential environment in the City given the subject use's
close proximity to a residential neighborhood and open access to Juanita Drive.
The subject use's main clientele consist of those individuals that are economically
disadvantaged, which include the homeless, whom primarily use public transportation
and walk or bike to their ultimate destination. The nearest means of public
transportation are located west of the subject site along Farrell Drive and beyond a
residential neighborhood. Alejo Road would be the primary access point to the site
from Farrell Drive since Commercial Road is a cul-de-sac street. No sidewalks are
located on either side of the Commercial Road to the site from Alejo Road. The only
sidewalks that exist are in the residential neighborhood to the west and access to the
site is possible due to the breaks in the wall along Juanita Drive. Therefore, an
increase in foot and bicycle traffic through the residential neighborhood may adversely
affect the resort-residential environment of the City.
As the subject use does not offer overnight accommodations, homeless patrons may
loiter within close proximity of the facility or in the adjacent residential neighborhood.
Therefore, the subject use has the potential to increase loitering in a residential
neighborhood and adversely affect the resort-residential environment in the City.
Resolution No 22628
Page 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the Foregoing, the City
Council hereby rejects the appeal and upholds the decision of the Planning
Commission to deny the determination request to allow a Community Services Center
within the M-1-P Zone at 555 Commercial Road.
ADOPTED THIS 2"d day of December, 2009.
David H. Ready, ager
ATTEST:
J mes Thompson, City Clerk d1/10O7_b 1
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 22628 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 2"d day of December,
2009, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None-
mes Thompson, City Clerk �, /1 v��o� d
Gity of Palm Springs, California �+