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HomeMy WebLinkAboutPC Resolution _4867- Case 5.0842 CUPRESOLUTION NO. 4867 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0842 A CONDITIONAL USE PERMIT TO ALLOW THE RELOCATION AND OPERATION OF A RETAIL THRIFT DONATION CENTER LOCATED AT 611 PALM CANYON DRIVE SOUTH, BUILDING A, UNIT 9, ZONE PD-77 (C-2), SECTION 22. WHEREAS, Maurice Refoua, (the "Applicant") filed an application with the City pursuant to section 9402.00 of the Zoning Ordinance for a Conditional Use Permit to allow a retail thrift donation center at 611 Palm Canyon Drive South, Zone PD-77 (C-2), Section 22; 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 August 13, 2003, public hearings 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: Section 2: Pursuant to Section 15301 (Existing structures) of the California Environmental Quality Act (CEQA), the Planning Commission finds that this project, which consists of the minor alteration of existing facilities, is categorically exempt from further environmental review. Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds that: The use applied for at 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 a charitable organization is a use conditionally pennitted 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. The proposed use is not detrimental to the existing or future uses specifically permitted in the zone in which the propose 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 or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project is proposed in a suite 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 carry the type and quantity of traffic to be generated by the proposed use. The 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 protec the public health safety and general welfare, of the existing neighborhood in which the project is located. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.0842-CUP subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the certificate of occupancy unless otherwise specified. ADOPTED this 13' day of August, 2003. AYES: Shoenberger, Marantz, Grence, Conrad, Wright, Hochanadel NOES: ABSENT: Matthews ABSTENTIONS: ATTEST: Chi an of the Planning ()ommission CITY OF PALM SPRINGS, CALIFORNIA tfioa�r� Secretary Or the Planning Commission EXHIBIT A CASE 5.0842-CUP MAURICE REFOUA 611 PALM CANYON DRIVE SOUTH CONDITIONS OF APPROVAL August 13, 2003 APl OW111 BV PLAIMMti ( MMl14NUb Otte �.S'°�`C'fb'U lriitlM�-^ A"VM BY Giv OOI NIA Nor • qua .. - . WNW____ %@*Abn ._ OrdteMW -- APPROVAL SU810T TO ALL ^nRINTIffNS QY Annw 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: Administrative: 1. 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 5.0856-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 or will 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 waiver of the indemnification rights herein. 2. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 3. The applicant shall be required to maintain the operating hours as stated in the conditional use permit application. Any future modifications to the hours of operation shall require prior approval of the Director of Planning and Zoning. The applicantlowner shall notify the Director of Planning and Zoning in writing 30 days in advance of any changes in the operation of the business. Any transference of this Conditional Use Permit upon change of ownership is subject to review by the City. Architectural: Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. All new materials on the flat portions of the roof shall be earth tone in color. All roof mounted mechanical equipment for this tenant space, 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(s). 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. Parapets shall be at least 6" above the equipment for the purpose of screening. The street address numbering/lettering shall not exceed eight inches in height. Miscellaneous: 13. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 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. Regular site inspections shall be made to ensure that the storefront and loading areas are kept clean and free of any trash debris or items that may inadvertently be dropped off. The applicant shall post a sign at the loading entry stating "No Drop Offs". The loading area shall be located on the west side of the building. The applicant shall remove the "Revivals " text from the monument sign, prior to issuance of a certificate of occupancy. ENGINEERING: None. BUILDING: Prior to any construction on site, all appropriate permits mist be secured.