Council approves new paint store after Planning Commission rejection, project revisions

The Palm Springs City Council on Wednesday approved a new Sherwin-Williams paint store in the Uptown District, overturning a Planning Commission decision that had rejected the project. The approval comes with the condition that the building incorporate mid-century architectural elements.

The Council voted to grant the appeal after a lengthy discussion about zoning requirements, architectural design, and the vision for the Uptown area.

“My concern, and I think could be a minor issue for you and your client, it just does not have the mid-century feel that I would like to see in my neighborhood,” Mayor Ron deHarte told property owner Wayne Gottlieb, who brought the appeal. “If the facade could be changed to integrate a more classic architectural element on the facade, I would be beyond supportive.”

Gottlieb agreed to work on the facade as the project moves through the architectural review process.

The Planning Commission had previously denied the project in a 4-3 vote, citing inconsistency with the General Plan’s vision for the Uptown Mixed-Use Area. Commissioners who voted against the project argued it didn’t align with goals to create “a stronger concentration of activity” or “a gathering place for residents and businesses.”

Planning Director Christopher Hadwin explained the commission’s reasoning during the council meeting.

“I think what they were looking at were the mixed-use, multi-use policies of the general plan that say we really should be promoting mixed-use development, bolder development, pedestrian-oriented development on those sites in locations like this,” Hadwin said.

The 4,012-square-foot commercial building will be constructed on a 0.38-acre vacant lot near the southeast corner of North Palm Canyon Drive and East Stevens Road. The property is zoned C-1 (Retail Business), where paint stores are permitted by right.

This zoning classification became a key point in the council’s deliberation. It was noted that since the use is allowed under current zoning, the council would effectively be “changing the rules mid-game” by denying the project.

“The city has determined that commercial uses are appropriate on this site,” argued an attorney for Gottlieb, Ulrich McNulty. “If the appellant were buying an existing building, the use of the building as a paint store would be a permitted use and the Planning Commission would have had no say in the matter.”

Gottlieb, told the Council he had been trying to develop the property for six years but found it “too small to do a mixed-use” project as envisioned in the General Plan.

“I’ve been trying to do many things with it, and every time it’s just too small to do a mixed use,” he said.

In response to the Planning Commission’s concerns, Gottlieb had already revised the plans to make the building more pedestrian-friendly. Changes included relocating the retail area closer to North Palm Canyon Drive, adding more windows, and enhancing the landscaping.

“The previously proposed entrance door was slightly moved towards the south and a cased opening is proposed to separate the entrance area from the back of the house,” according to a staff report prepared for Wednesday’s meeting. “Additional glazing provides increased visibility, contributes to enhanced pedestrian experience, and activates the streetscape along North Palm Canyon Drive.”

“This is in my district,” deHart said. “I did have an opportunity to talk to other businesses in that area. And even though this is what some people would consider as being outside the Uptown Design District, it certainly adds to the Uptown District.”

The council’s decision highlights ongoing debate between encouraging development on vacant lots and maintaining a specific vision for Palm Springs’ commercial districts. It also points to potential gaps between the city’s General Plan goals and its current zoning code.

Hadwin acknowledged this disconnect during the meeting.

“We’re in the middle of a zoning code update,” he said. “If we want to think bigger and bolder, then I think the way to do that is to change the policies in the zoning code to encourage that type of development. Rather than sort of holding developers like this to a standard that isn’t in the zoning code.”

The project will now move forward to the Architectural Review Committee, where the building’s design will be refined to incorporate the mid-century architectural elements required by the council.

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