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HomeMy WebLinkAbout22368 - RESOLUTIONS - 10/15/2008 RESOLUTION NO. 22368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION FINDING OF INCONSISTENCY FOR THE RETAIL COMMERCIAL CENTER LOCATED AT THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE M-1, SECTION 20. WHEREAS, the Riverside County Airport Land Use Commission ("ALUC") has been designated as the Airport Land Use Commission for all public airports in the County of Riverside; and WHEREAS, on February 10, 2005, ALUC adopted the Riverside County Airport Land Use Compatibility Plan for the Palm Springs International Airport ("ALUCP"); and WHEREAS, the City of Palm Springs is the owner and operator of Palm Springs International Airport; and WHEREAS, D.R. West, LLC filed an application with the City pursuant to Sections 92.17.01.D.11 and 94.04.00.E.2.c of the Palm Springs Zoning Code for a Conditional Use Permit and Architectural Approval for a 67,232 square foot retail commercial center and drive-through facility located on a 6.54 acre vacant property at the southeast corner of Gene Autry Trail and Ramon Road (APN 680-170-044), Section 20; and WHEREAS, a Mitigated Negative Declaration (MND) was prepared and adopted for this project pursuant to requirements of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the City has taken several actions with regard to land use approvals for the project, as follows: • On June 13, 2007, the Planning Commission reviewed and approved the two anchor tenant buildings' architecture and landscaping, and recommended approval of Tentative Parcel Map 35507 and the filing of the Mitigated Negative Declaration. • On July 25, 2007, the City Council adopted the Mitigated Negative Declaration (MND) and approved TPM 35507 for the subdivision of the subject site. • On October 8, 2007, the Planning Commission approved a Conditional Use Permit to allow a drive-through use on the site, and • On January 9, 2008, the Planning Commission approved an amendment to the CUP for several changes to the site plan, including the drive-through and WHEREAS, on October 17, 2007, ALUC found Case 5.1161 CUP and 3.3036 MAJ to be inconsistent with the ALUCP with respect to land use intensity; and Resolution No. 22368 Page 2 WHEREAS, pursuant to Section 21676.5(a) of the Public Utilities Code, the City of Palm Springs may overrule the ALUC finding of inconsistency with a two-thirds vote of the City Council; and WHEREAS, ALUC and the California Department of Transportation Division of Aeronautics were notified on August 21, 2008 of the overruling hearing ; and WHEREAS, on October 15, 2008, the City Council held a public hearing to consider overruling the ALUC finding of inconsistency; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on this matter, 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. The action to overrule the ALUC finding of inconsistency is consistent with the purposes of California Public Utilities Code Section 21670 in that the Council's action for the project accounts for the orderly expansion of the airport. The Palm Springs International Airport Master Plan, adopted in January 2003, does not indicate plans to further expand into the area where the project is located. Special circumstances exist that allow for control of the orderly expansion of the airport because the City of Palm Springs is owner/operator of the airport. As owner/operator of the airport, the City is able to fully analyze the impacts of the airport, without external interference, on surrounding areas in the course of making land use decisions In addition, the City, with the exception of a few remaining parcels is substantially built out. Properties have traditionally developed close to the airport and there are many urban land uses surrounding the airport. However, the City has taken steps to mitigate the affects of close proximity to the airport including the completion of a residential sound insulation program for the majority of the homes within the 65 CNEL contour, requirements for avigation easements, and the re-zoning of residential properties to professional land uses in order to minimize future land use conflicts due to the operation and future expansion of the airport. SECTION 2. The action of the Council to overrule the ALUC finding of inconsistency is consistent with the purpose of California Public Utilities Code Section 21670 to prevent the creation of new noise and safety problems. The project is a retail commercial center, including drive-through facility and on-site parking. Resolution No. 22368 Page 3 The project does not propose any noise-sensitive land uses and conditions have been included to avoid the introduction of noise-sensitive land uses. Additional conditions have been included to require: • An avigation easement in favor of the Palm Springs International Airport; • Limitations on outdoor lighting; • Review of buildings by the Federal Aviation Administration for height; • Review of any new assembly uses by the Riverside County Airport Land Use Commission; and • Limitations on uses that would cause sunlight reflection, generate smoke or vapor, or generate electrical interference that may be detrimental to the operation of aircraft and / or aircraft instrumentation_ The project does not create a new safety problem because it can be shown to generally comply with the land use intensity standards of the B-1 (Inner Approach/Departure) zone of the ALUCP. This zone establishes two standards for land use intensity which apply to this project: • Non-residential average intensity (maximum 40 persons per acre) and • Non-residential single-acre intensity (maximum 80 persons in any given acre) In reviewing the Traffic Study prepared on the project, as well as the projected hours of operation, that the actual land use intensity will be 32 persons per acre, which is less than the standard of 40. While the number of persons per single acre exceeds the standard of 80, the two major tenants expect a lower number of customers than a typical retailer. They are largely warehouse-type merchants whose primary trade is conducted via catalogue, telephone and the internet, with goods and services delivered by the merchant's own vehicles. (One of the major tenants projects approximately 120 customers over the course of a 12-hour day — a single-acre average of about 20 customers at any given hour.) With the added feature that the larger tenant buildings are located toward the rear of the site (furthest from the runway), the low-volume use will not create a safety hazard above that allowed by the standards of the RCALUCP. SECTION 3. The action of the Council to overrule the ALUC finding of inconsistency is consistent with the purpose of Public Utilities Code Section 21670 to promote the overall goals and objectives of the California airport noise standards. No noise sensitive land uses are proposed and conditions have been included to require review of any new assembly uses by the Riverside County Airport Land Use Commission. Resolution No. 22368 Page 4 SECTION 4. Based on the above findings, the City Council hereby overrules the ALUC finding of inconsistency of October 17, 2007 for Case 5.1161 CUP and Maj 3.3036, subject to Conditions of Approval contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED THIS 15th day of October, 2008- David H. Read i y anager -ATTEST: d 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. 22368 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 15th day of October, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. .l'at'ries Thompson, City Clerk I ,jLity of Palm Springs, California 1 I t �ZpoB Resolution No. 22368 Page 5 Exhibit A Case No. 5.1161 — DR West City Council Action to Overrule RCALUC Finding Of Inconsistency Retail Commercial Center at the Southeast Corner of Ramon Road and Gene Autry Trail Conditions of Overrule 1. Prior to issuance of building permits, the landowner shall record an avigation easement to Palm Springs International Airport. Copies of the recorded avigation easement shall be forwarded to the Airport Land Use Commission and to the City of Palm Springs Planning Department. 2. Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. All outdoor lighting plans shall be subject to review by Palm Springs International Airport management. 3. The following uses shall be prohibited: a. Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light, visual approach slope indicator, or such red light obstruction marking as may be permitted by the Federal Aviation Administration. b. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. e. Children's schools, day care centers, libraries, hospitals, nursing homes, places of worship, highly noise-sensitive outdoor uses, and aboveground bulk storage of 6,000 gallons or more of hazardous or flammable materials. 4. Prior to issuance of building permits for any structure with a height exceeding thirty-five (35) feet or an elevation at top of roof or top point exceeding 411,5 feet above sea level, the applicant shall submit a Notice of Proposed Construction or Alteration (Form 7460-1) to the Federal Aviation Y Resolution No. 22368 Page 6 Administration for such structure, and shall have received a determination of "Not a Hazard to Air Navigation" from the FAA. Copies of the FAA determination shall be submitted to the Airport Land Use Commission and the City of Palm Springs Palm Springs Planning Department. 5. The City of Palm Springs shall require additional review by the Airport Land Use Commission prior to the establishment of any of the following uses in the structures proposed as "Best Buy" and "Staples" retail outlets: Food service establishments (any establishment requiring such inspection by City or County Health Departments), auction rooms, auditoriums, dance floors, lodge rooms, reviewing stands, conference rooms with capacities exceeding 100 persons, exhibit rooms, gymnasiums, lounges, stages, gaming, bowling alleys, classrooms, swimming pools, skating rinks, and other uses that would be considered to have an occupancy level greater than one person per 30 square feet (minimum square feet per occupant less than 30) pursuant to California Building Code (1998) Table 10-A. 6. The City of Palm Springs shall require additional review by the Airport Land Use Commission prior to the establishment of any of the following uses in the structures labeled as Buildings "A" and "B": Auction rooms, auditoriums, dance floors, lodge rooms, reviewing stands, bowling alleys, skating rinks, swimming pools, and other uses that would be considered to have an occupancy level greater than one person per 15 square feet (minimum square feet per occupant less than 15) pursuant to California Building Code (1998) Table 10-A. 7. The attached notice shall be provided to all potential purchasers and tenants. 8. Any change in tenancy of the major users shall be subject to review under the RCALUCP, 9. No outdoor special events or sales shall be permitted at the project site.