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Home My WebLink AboutPC Resolution _4702- Case 5.0842RESOLUTION NO.4702 OFTHE PLANNING COMMISSION OFTHE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0842 - A CONDITIONAL USE PERMITTOALLOWTHE OPERATION OF A RETAIL THRIFT DONATION CENTER LOCATED AT 611 SOUTH PALM CANYON DRIVE, BUILDING A UNIT 1, C- 2 ZONE, SECTION 22. WHEREAS, Goodwill Industries, (the "Applicant') filed an application with the City pursuant to section 9402.00 of the Zoning Ordinance for a Conditional Use Pen -nit to allow a retail thrift donation center located at 611 South Palm Canyon Drive, Building A, Suite 1, C-2 Zone Section 22; and WHEREAS, the hours of operation will be 9 a.m until 9 p.m. Mondaythrough Saturday and 12 noon until 7 p.m. on Sundays; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Conditional Use Permit 5.0842 was issued in accordance with applicable law; and WHEREAS, on July 26, 2000, a public hearing on the application for Conditional Use Permit 5.0842 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). Section 2: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: a. The use applied forat the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance, thrift shops operated by charitable organization is a use which is conditionally permitted in the C-2 zone. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. R The proposed use is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located and is necessary or desirable for the development of the community. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls orfences, landscaping and otherfeatures required in orderto adjust said use to those existing orpermitted future uses ofland in the neighborhood. The project is proposed in a unit located within an existing shopping center with sufficient parking to accommodate the proposed use. d. The site for the proposed use relates to streets and highways properly designed and improved to cant' the type and quantity of traffic to be generated by the proposed use. This property is located on a major thoroughfare that is dedicated to its full required width. The number of vehicles will not significantly increase due to the proposed use. Therefore the granting of this Conditional Use Permit with the conditions of approval will not adversely affect traffic. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.0842 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 260' day of July, 2000. AYES: Jurasky, Caffery, Shoenberger, Matthews NOES: ABSENT: Klatchko, Raya ABSTENTIONS: Chris Mills ATTEST: CITY O PALM SPRINGS, CALIFORNIA the Planning Commission Secretar& the Planning Commission .{rr�tUYti1 tiY f•�Alvh]Yti LUt�i�iic(,�,. EXHIBIT A 'aSe # G`�ate12(0`O()Init APPROVED BY CITY COUNCIL CASE 5.0842-CUP N Date._.._-__— Initial GOODWILL INDUSTRIES tsYicr.-------- Ordinance CONDITIONS OF APPROVAL July 26, 2000 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0842-CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs orwill advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiverof the indemnification rights herein. 2. Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 3. The appeal period fora Conditional Use Permit application is 15 calendardays from the date of project approval. Permits will not be issued until the appeal period has concluded. 4. Separate architectural approval and permits shall be required for all signs. Adetailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 5. All materials on the flat portions of the roof shall be earth tone in color. 6. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building. The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Screening shall be at least 6" above the equipment. 7. The street address numbering/lettering shall not exceed eight inches in height. 8. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior light fixtures shall be submitted with the lighting plan. 9. No sirens, outside paging, speaker system or any type of signalization will be permitted, except approved alarm systems. 10. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 11. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 12. The applicant shall be required to maintain the opening hours as stated on the Conditional Use Permit application. Any future modifications to the hours of operation shall require prior approval by the Planning Commission. 13. The applicant/owner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. Any transference of this Conditional Use Permit upon change of ownership is subject to review by the City. 14. Regular site inspections shall be made to ensure that the storefront is kept clean and free of any trash, debris, or items that may be Inadvertently dropped off. 15. The loading and unloading area shall be moved to the west side of the building, the driveway shall remain as a two-way drive, and the 8' x 8' metal door on the north side of the building shall be removed or replaced with a typical pedestrian door to be used for emergency egress only. Revised plans shall be submitted for review and approval to the satisfaction of the Director of Planning & Building prior to Issuance of building permits. ENGINEERING DEPARTMENT: 16. The Engineering Department does not have any requirements for this project. There is no impact on existing streets nor the rights -of -way adjacent to the property. POLICE DEPARTMENT: 17. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 18. Construction Requirements - Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code,1996 National Electrical Code, City of Palm Springs Ordinance 1570, Desert Water Agency requirements, plus UL and CSFM listings and approvals. 19. Premises Identification -Approved numbers or addresses shall be plainly visible and legible from the street or road fronting the property per 1998 California Building Code, Chapter 5, Section 502. 20. Construction Site Protection -Provide water hose or fire extinguisher for on -site fire protection. 21. Fire Extinguishers - Portable Fire Extinguishers shall be installed in accordance with the 1998 California Code, Article 10 and Standard 10. Final location, type of extinguisher and travel distance will be determined as conditions warrant by the field inspector. 22. Floor -Level Exit Signs - Floor -Level exit signs, where required by the 1998 California Building Code Chapter 10 and building official, shall be Nuclear Type. The bottom of the sign shall not be less than 6" or more than 8" above floor level and shall indicate the path of exit travel. Location to be determined by this office. 23. Flame Retardant Treatment and Standards - All flame Retardant Treatments and Standards shall be in accordance with the 1998 California Fire Code and 1998 California Building Code. Submit certificates and/or listings directly to this office for file. Contact building official for further information. 24. Comments - Further comments as conditions warrant. BUILDING DEPARTMENT: 25. Prior to any construction on -site, all appropriate permits must be secured. K