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Home My WebLink About12/17/2003 - STAFF REPORTS (12) DATE: December 17, 2003 TO: City Council FROM: Director of Planning and Zoning APPEAL OF PLANNING COMMISSION DENIAL OF CASE 10.445 -- DETERMINATION - BUSINESS SCHOOL IS SIMILAR TO OFFICES (ALL TYPES EXCEPT CONTRACTORS) IN THE COMMUNITY SHOPPING CENTER (C-S-C) ZONE. APPEAL The Planning Commission, at its November 12, 2003 meeting, voted 5-0 (1 absent, 1 abstained) to deny the determination to approve business schools as similar to offices (all types except contractors) in the C-S-C (Community Shopping Center) zone. The City Council may uphold, override or modify the decision of the Planning Commission. At the conclusion of the public hearing the City Council may consider either A) upholding the Planning Commission Determination and deny the applicants request OR B) override the Planning Commission denial and approve the applicants request. Two resolutions are attached to this staff report for City Council consideration. City Council may add to or modify the draft resolutions. SUMMARY The Commission expressed a concern that this determination is a policy change affecting potential retail sales tax revenue and determined that the City Council should make this policy decision. During the meeting, the Commission expressed a concern over the loss of retail space within the Community Shopping Center (C-S-C) zones if business schools were an allowable use. The Commission also expressed concern about denying potential tenants for the Community Shopping Centers. The Commission asked if the Palm Springs Mall had adequately attempted to market the soon to be vacant retail space. The applicant and representative of the Palm Springs Mall property spoke in response to the Commissions concerns. The applicant stated that there has been an unsuccessful attempt for eighteen (18) months to attract potential tenants to the proposed business school site. The Commission wanted to know how many properties were in the C-S-C Zone. It was noted that C-S-C Zone consists of three (3) areas: Palm Springs Mall, Smoke Tree Village Shopping Center and the southeast corner of Vista Chino and 'Sunrise Way. The Commission wanted to know about conditioning the business school use and whether it would be more appropriate if the business school use were permitted by a Land Use Permit or Conditional Use Permit. Staff indicated that a business school impact on the C-S-C Zone would not be any greater than the allowed use of offices (all types except contractors). Parking is not an issue, for the properties in the C-S-C Zone are, in general, over parked and that regulating parking would be impossible, so the business school use should be allowed by right of zone. BACKGROUND Furst Commercial Real Estate and Palm Springs Mall has filed for a Planning Commission determination that business school, located at 2365 East Tahquitz Canyon Way, is similar to offices (all types except contractors) or other allowable land uses in the Community Shopping Center (C-S-C) Zone. ill /� There are three Community Shopping Center (C-S-C) zone sites in the City of Palm Springs: Palm Springs Mall, Smoke Tree Village Shopping Center and the southeast corner of Vista Chino and Sunrise Way. The Community Shopping Center (C-S-C) zone is designed to combine the general variety of community-level commercial services (zoning Ordinance 92.11.00). Smoke Tree Village Shopping Center and Vista Chino and Sunrise Way shopping center have a large grocery store as the anchor store for the shopping center. The Palm Springs Mall has anchor department stores and a large grocery store as the anchors for the shopping center. The retention of large anchor stores is becoming increasingly harder, thus forcing these sites to expand their thinking of what community-level services they can provide. Business school is a permitted use in the C-2 (General Commercial) zone. The C-2 zone is designed for general commercial use (Zoning Ordinance 92.14.00). The CBD Zone allows art schools; C-1 Zone allows beauty schools, C-M, M-1, and M-2 zones allow trade schools (industrial). Private schools are allowed in all zones with property fronting on a major thoroughfare subject to a conditional use permit. The applicant is requesting this determination to facilitate the operation of a business school in the vacated Miller Outpost portion of the Palm Springs Mall. Palm Springs Mall has space available and has adequate parking lot area to accommodate a business school. The foot traffic would be similar to the foot traffic generated from an office (all types except contractors), which is a permitted use by right of zone. There is adequate parking available onsite for this use. There will be two (2) classes per day, Monday through Friday from 8:00 A.M. to 2:00 P.M. and 6:00 P.M. to 10:00 P.M. Each class is scheduled for 100 students. There will administrative operations on Saturday from 10:00 A.M. to 2:00 P.M. — no class is held on Saturday. There are two (2) graduation periods, one in June and the other in October. The proposed determination process is allowed pursuant to the City of Palm Springs Zoning Ordinance. While the Palm Springs Mall owners made the request, the determination would affect all Community Shopping Center (C-S-C) zoned properties in the City of Palm Springs. The City Council needs to consider this request in this context in addition to the applicants' specific location. Director of FrIanning and Zoning City Manager ATTACHMENTS 1. Proposal for Maric College of Medical Careers 2. Community Shopping Center(C-S-C) Zoning Ordinance Provision 3. Resolution of approval 4. Resolution of denial Furst Commercial Real Estate, Inc. ■ �. Asset Acquisition & Property Management December 3, 2003 Palm Springs City Council 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92262 RE: Zone Use Change Requested — Palm Springs Mall Dear Palm Springs City Council: As owners of the Palm Springs Mall, we are requesting an appeal hearing for a zone change to accommodate Marie Medical College to our Mall. Marie College was founded in 1976 to provide quaflty adult education in response to the educational needs of medical career aspirants as well as to the employment demands in allied health occupations. Marie College offers associate degree programs and certification in the fields of nursing, vocational nursing, paralegal studies, medical assistant, medical administrative assistant, medical insurance technician, healthcare rehabilitation, and computer network engineering. Marie also provides assistance to eligible graduates in obtaining employment, with classes, workshops, and advisory sessions that teach and guide them through the process of securing and maintaining employment. For the past 30 months, Millers Outpost has indicated that they wanted to leave our Mall and asked us to market the 20,080 square foot premises. We have diligently pursued this endeavor and have confidence that this new tenant will benefit the City of Palm Springs. Annual estimates for school graduates are 200 students with certificate/diploma (6-9 months duration) and associate degrees (18-24 months). Two classes will be held five days per week, plus an administrative day on Saturday. Each four-hour session will accommodate approximately 100 students. With this influx of foot traffic to the Mall, we anticipate that our mall merchants will benefit greatly with a substantial increase in sales. They will fulfill jobs in our community, including payment of local, state and federal payroll taxes. Previous research of other Marie campuses indicates an upsurge in local sales for food concessionaires and office supply companies, which will increase tax base revenue for the City. 23166 Los Alisos Blvd., Suite 234, Mission Viejo, California 92691 /L A 3 (949) 587-2250 • Fax (949) 587-2252 Website: www.ftistcommercial.com • Email: fcreprop@pacbell.net Palm Springs City Council -2- December 3, 2003 We will be investing several hundred thousand dollars to construct a state-of- the-art adult school. There will be no detrimental impact to the Mall or surrounding community as a result of this zone change. We investigated our parking requirements, in conjunction with City Planning and found that the Mall's parking availability exceeds that of City's standards As local residents, we have done our utmost to accommodate our city's needs by donating space to the police department as well as sponsoring blood drives, flu vaccinations, and assisting the Mizell Senior Center. We appreciate your review and timely response to our request, as architectural drawings and building plans await your approval process for the zone change. We would be pleased to provide additional information upon your request. Sincerely, PALM SPRINGS MALL, , �e�ft Mi hael B. urst, V esicTe t :chh 92.11.00 "C-S-C" community shopping center zone. The C-S-C zone is designed to combine the general variety of community-level commercial services, in a planned shopping complex. The organization of services into a coordinated and interrelated complex is found to be a desirable alternative to scattered strip commercial development. The C-S-C zone will not be granted until a conditional use permit has been approved and all conditions complied with. (Ord. 1294 (part), 1988) 92.11.01 Uses permitted. A. Uses Permitted. A community shopping center should feature those commercial sales and service establishments that satisfy the primary needs of the city's residential community at large. It is neither intended nor permitted for these facilities to dilute or to detract from the commercial base established in the downtown shopping district. Tourist- oriented commercial uses are not considered to be viable land use in the C-S-C zone. Buildings, structures and land shall be used and buildings and structures shall thereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.11.03. 1. All uses allowed in the C-D-N zone, Section 92.10.01(A); 2. Department stores; 3. Bowling alleys; 4. Home improvement centers; 5. Roller or ice skating facilities; 6. Theaters. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92,09.03. C. Uses Permitted by Land Use Permit, 1. Uses permitted by land use permit in the C-D-N zone, Section 92.10.01(B). D. Uses Permitted by Conditional Use Permit(unless otherwise permitted). If not approved as part of the original plan, the following uses may be permitted subject to further approval of a conditional use permit, as provided in Section 94.02.00. Such uses shall be designed integrally with the center. 1.Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication, sales and service of tires, tubes, batteries, and other minor accessories. No major automotive repair shall be permitted,such as engine, radiator,transmission or body repair; 2. Bowling alleys (Deleted by Ord. 1418); 3. Car washes; 4. Churches, freestanding; 5. Drive-through facilities; 6. Nightclubs as a primary use; 7. Recreation centers, not otherwise regulated herein; 8. Theaters (Deleted by Ord. 1418); 9. Video/amusement arcades as a primary use subject to the provisions of Section 93,16.00; 10. Video/amusement machines as a secondary use subject to the provisions of Section 93.16.00. (Ord. 1418 (part), 1992; Ord. 1307 (part), 1988; Ord. 1294 (part), 1988) 92.11.02 Uses prohibited. All uses and structures not permitted in Section 92.11.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination. A. Automotive repair garages; B. Industrial uses; C. Motorcycle rentals and sales, both as a primary and accessory use; D. Residential uses, including hotels; E. Wholesaling and warehousing. (Ord. 1294 (part), 1988) 92.11.03 Property development standards. The following property development standards shall apply to all land and buildings in the C-S-C zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site. A. Site Area. Each community shopping center shall have a minimum site area of fifteen (15) acres and a maximum of sixty (60) acres. The site area shall generally correspond with the standards set forth in the general plan. B. Site Dimensions. Each community shopping center shall have a minimum frontage of five hundred (500) feet on at least one (1) dedicated and improved major or secondary highway. C. Building Height. 1. Buildings and structures erected in this zone shall have a height not greater than thirty (30) feet. a. Exception. High-rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00. 2. Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply. D. Yards. 1. General Provisions. The provisions of Section 93.01.00 shall apply. a. Special Setbacks. For properties fronting Tahquitz Canyon Way or E. Palm Canyon Drive, see Special setbacks, Section 93.01.02. 2. Where property in the C-S-C zone abuts a street, there shall be a minimum yard abutting such street as follows: a. Twenty-five (25) percent of the total site frontage may have buildings constructed twenty-five (25) feet from the property line. The remainder of the site must have a minimum setback of thirty-five (35) feet from the property line. b. All parking must be set back a minimum of twenty (20) feet from the property line. 3. Where property in the C-S-C zone abuts property in any residential, there shall be a yard of not less than fifty (50) feet. A wall no less than six (6) feet in height shall be installed on the zone boundary line; a wall no greater than eight (8) feet in height may be installed with planning commission approval. Such yard may be used for parking or drives, provided the ten (10) feet nearest the wall is densely landscaped. E. Walls, Fences and Landscaping. 1. Walls shall be erected as required in Section 92.10.03(D)(3). 2. The provisions of Section 93.02.00 shall apply. F. Access. The provisions of Section 93.005.00 shall apply. G. Off-street Parking. The provisions of Section 93.06.00 shall apply. H. Off-street Loading and Trash Areas. 1. The provisions of Section 93.07.00 shall apply. 2. Loading docks, which are located within one hundred fifty (150) feet of a residential zone boundary, shall be screened from view from the residential area. I. Signs. The provisions of Section 93.20.00 shall apply. J. Storage. All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered, or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions: 1. Automobile service stations (pursuant to Section 94.02.00(H)(2)0)); 2. Plant nursery sales, limited to living plants; 3. Activities and uses outlined in Section 92.11.01(C) (Uses Permitted by Land Use Permit). K. Lighting. All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties, and shall comply with provisions of Section 93.06.00(C)(4). L. Antennas. The provisions of Section 93.08.00 shall apply. M. Public Art. The provisions of Section 93.11.00 shall apply. (Ord. 1553 (part), 1998; Ord. 1500 (part), 1995; Ord. 1418 (part), 1992; Ord. 1294 (part), 1988) 92.11.04 Performance standards. A. The shopping center shall be developed and maintained as a totally integrated unit with continuous vehicular and pedestrian systems, as well as a unified architectural and landscape treatment. B. The shopping center design shall make provision for other transportation systems, such as buses and bicycles, as well as private automobiles. (Ord. 1294 (part), 1988) 92.11.05 Property maintenance standards. All properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1294 (part), 1988) City of P Office c i•UhLIC:B), i;EGEiP'T 3200 Ta6qu¢z Canyon V f lid` PALK, ',;F..ji q TEL (760)323-8204 •FAX ""d,��!;;(i_i'd1C'�°�l Stf;' (•tnf:y' i :.; i=!llJi! 'e'.n S)i[Sp"nc,+cF!17 TODAT".` DATE' 17/25/03 MEui�IE . U)IE2 1i/_'5`03 T?I'I ' ._ ,'-2'4P2c, h f,'cgc•TiGi? HPiiiU T C.T}' UUrviCE!_ rtPE?i.. December 1, 2003 CHECK CNED' ?J.l; 1 7" Furst Commercial Real Estate Inc. `EA,'-EF"r'`^ Atten Michael Furst CHFl"rE `'•�° 23166 Los Alisos Blvd., Suite 234 Mission Viejo, CA 92691 Dear Mr. Furst: RE: Appeal of Palm Springs Planning Commission Decision dated November 12, 2003 Case 10.445— PALM SPRINGS MALL 1 have received your request for appeal dated November 24, 2003 for the above- mentioned case on November 25, 2003 and payment in the amount of $345.00. enclosed please find your receipt The Hearing will be set f r December 17, 2003, The Hearing will be held in the Palm Springs Council Chamber, hq-aitz—Ga Vol Way at 7:00 p.m. If you desire any documents to be given in advance to the City Council, you should provide the material no later than December 11, 2003 for inclusion in the Agenda Packets. Should you have any questions, please do not hesitate to contract me directly at (760) 323-8205. Most sincerely, PATRICIA A. SANDERS, MMC City Clerk cc: Planning Pc,,t Office Box 2743 0 Palm Springs, California 92263-2743 Michael Furst ■ President Furst Commercial Real Estate, Inc. November 24, 2003 Palm Springs City Clerk 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92262 RE: Zone Use Change Requested — Palm Springs Mall Dear Palm Springs City Council: As owners of the Palm Springs Mall, we hereby request a zone change to accommodate Marie Medical College to our Mall. Marie Medical College is an adult national professional trade school, which specializes in training dental nurses, medical office clerks, massage therapists, and paralegal as well as other business professional training programs. For the past 30 months, Millers Outpost has indicated that they wanted to leave our Mall and asked us to market the 20,080 square foot premises. We have diligently pursued this endeavor and have confidence that this new tenant will benefit the City of Palm Springs. Annual estimates for school graduates are 200 students with certificate/diploma (6-9 months duration) and associate degrees (18-24 months). They will fulfill jobs in our community, including payment of local, state and federal payroll taxes. Previous research of other Marie campuses indicates an upsurge in local sales for food concessionaires and office supply companies, which will increase tax base revenue for the City. We will be investing several hundred thousand dollars to construct a state-of- the-art adult school. There will be no detrimental impact to the Mall or surrounding community as a result of this zone change. We investigated our parking requirements, in conjunction with City Planning and found that the Mall's parking availability exceeds that of City's standards. The student count will be Asset Acquisition&Property Management 23166 Los Alisos Blvd., Suite 234, Mission Viejo, CA 92691 (949) 587-2250 • Fax(949) 587-2252 Webs*e: www.furstcoirunercial,com - Email: fcre@pacbell.net Michael Furst ■ President Furst Commercial Real Estate, Inc. generally 100 students per class and two classes will be held five days per week (Monday — Friday); Saturday will be an administrative day. As local residents, we have done our utmost to accommodate our city's needs by donating space to the police department as well as sponsoring blood drives, flu vaccinations, and assisting the Mizell Senior Center. We appreciate your review and timely response to our request, as architectural drawings and building plans await your approval process for the zone change. We are pleased to provide additional information upon your request. Sincerely, PALM SPRINGS MALL, Michael B. urst, 11 es :chh Asset Acquisition&Property Management 23166 Los Alisos Blvd., Suite 234, Mission Viejo, CA 92691 (949) 587-2250 • Fax(949) 587-2252 Website: www.fursteommercial.com -Email: fcre@pacbell.net RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DENIAL OF THE DETERMINATION THAT BUSINESS SCHOOL IS A SIMILAR USE TO OFFICE (ALL TYPES EXCEPT CONTRACTORS), IN THE COMMUNITY SHOPPING CENTER (C-S-C) ZONE. WHEREAS, the City Council has received a zoning text determination request from Furst Commercial Real Estate and Palm Springs Mall, requesting that the Planning Commission make the determine that Business School is an allowable use within the Community Shopping Center(C- S-C) zone; and WHEREAS, Furst Commercial Real Estate and Palm Springs Mall of Palm Springs proposes to make Maric College of Medical Careers available as a Business School in the Palm Springs Mall; and WHEREAS, the City permits offices (all types except contractors) in the Community Shopping Center(C-S-C) zone as a permitted use; and WHEREAS, the Commission expressed that this determination is a policy change affecting potential retail sales tax revenue; and WHEREAS, the City Council held a meeting on December 17, 2003 and considered all evidence, including but not limited to, staff report, oral and written information. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palm Springs, denies the appeal and determines that Business Schools is not a similar use and that it would be inappropriate in the Community Shopping Center(C-S-C) zone. ADOPTED this 17th day of December 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and approved: �QS RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRIDING THE PLANNING COMMISSION DENIAL AND APPROVING THE DETERMINATION THAT BUSINESS SCHOOL IS A SIMILAR USE TO OFFICE (ALL TYPES EXCEPT CONTRACTORS), IN THE COMMUNITY SHOPPING CENTER (C-S-C) ZONE. WHEREAS, the City Council has received a zoning text determination request from Furst Commercial Real Estate and Palm Springs Mall, requesting that the Planning Commission make the determine that Business School is an allowable use within the Community Shopping Center (C- S-C) zone; and WHEREAS, Furst Commercial Real Estate and Palm Springs Mall of Palm Springs proposes to make Maric College of Medical Careers available as a Business School in the Palm Springs Mall; and WHEREAS, the City permits offices (all types except contractors) in the Community Shopping Center (C-S-C) zone as a permitted use; and WHEREAS, the City Council determines that a Business School is similar to office (all types except contractors) uses allowed in the Community Shopping Center (C-S-C); and WHEREAS, the City Council held a meeting on December 17, 2003 and considered all evidence, including but not limited to, staff report, oral and written information. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palm Springs, determines that Business Schools is a use permitted in the Community Shopping Center (C-S-C) zone. ADOPTED this 17th day of December 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and approved: f �