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HomeMy WebLinkAboutPC Resolution _5011- Case 5.0976- CUPRESOLUTION NO. 5011 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.0976, A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A WASTE TRANSFER AND RECYCLING FACILITY IN AN INDUSTRIAL ZONE, LOCATED ON ASSESSORS PARCEL NUMBERS 666-391-001 AND —002, AT THE SOUTHWEST CORNER OF WH AVENUE AND MCCLANE STREET, ZONE M-2, SECTION 15. iEREAS, Burrtec Waste Industries, Inc. (the "Applicant) filed an application with the y pursuant to Section 94.02.02 of the Zoning Ordinance for a Conditional Use Permit allow the use of a waste transfer and recycling facility in an Industrial Zone, M-2, and IEREAS, notice of a public hearing of the Planning Commission of the City of Palm ings to consider an application for Conditional Use Permit 5.0976 and Mitigated gative Declaration was issued in accordance with applicable law; and IEREAS, on July 28, 2004, a public hearing on the application for Conditional Use mit 5.0976 and review of the Mitigated Negative Declaration was held by the nning Commission in accordance with applicable law; and IEREAS, the Planning Commission has carefully reviewed and considered all of the fence presented in connection with the hearing on the project, including but not ted to the staff report, all written and oral testimony presented. PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: tion 1: Pursuant to CEQA, the Planning Commission finds as follows: Pursuant to CEQA, the Planning Commission finds that the current environmental assessment for Case 5.0976 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the mitigation measures related to each significant environmental effect for the proposed project. The Planning Commission further finds that with the incorporation of the proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. Lion 2: 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, uses listed in the M-2 zone, Section 92.17.1.01(D)(8)(20) subject to Conditional Use Permit approval include disposal service operations and recycling of wood, metal and construction wastes. 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 General Plan for the City of Palm Springs maintains a policy that requires public utility improvements, as feasible, where existing systems are deficient. The proposed project would create a needed recyclable and transfer facility for solid waste with the closure of the current landfill in 2004. More specifically directed towards recycling the General Plan further states as policy, "Encourage waste recycling through a combination of strategies, including voluntary source separation of recyclables for curbside, drop-off, and commercial/institutional collection, and the development and use of a regional materials recovery facility." Therefore it is determined that the said use is necessary and desirable for the development of the community and in harmony with various elements of the General Plan. Secondly, the proposed facility operation has been designed to function within structures, surrounded by aesthetically pleasing walls and landscaping. The architectural design of the buildings and the landscape plan have been reviewed by the City of Palm Springs Design Review Committee and approved by that committee. Therefore the proposed project will not be detrimental to future or existing uses permitted within the zone in which it is located. 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 futures uses of land in the neighborhood. The project is proposed on a site that conforms in adequate size and shape to accommodate the said use. 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 project is located at the intersection of two local roadways in an industrial business park specifically designed for heavy industrial uses. A traffic study was prepared by a registered traffic engineer and the site was deemed suitable for the project with the institution of specific mitigation measures. Those mitigation measures have been included as conditions of approval to the Conditional Use Permit. Those conditions of approval would improve the adjacent streets right-of- way by including sidewalks and additionally require the signalization of nearby Intersections in order carry the type and quantity of traffic to be generated by the proposed waste transfer and recycling facility safely. 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 imposed by this Conditional Use Permit 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 5.0976 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 28th day of July, 2004. AYES: 4 NOES: 0 ABSENT: 3 ABSTENTIONS: 0 ATTEST: �'a A", — Chai an of the Planni4 Commission CITY OF PALM SPRINGS, CALIFORNIA - 9Pr54n-J—;&-6 Secretary of the Planning Commission