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HomeMy WebLinkAboutPC Resolution _6120- Case 5.0879 CUP PDD 252- CUP AmendmentRESOLUTION NO. 6120 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0789 PDD 252; AMENDMENT TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF CHECK -CASHING USES AT AN EXISTING AUTOMOBILE SERVICE STATION / MINI -MART LOCATED AT 3600 RAMON ROAD; SECTION 18 (IL}. WHEREAS, Carlos Peraza ("Applicant') filed an application with the City for an amendment to an existing Conditional Use Permit to allow the addition of check -cashing uses at an existing automobile service station/mini-mart facility at 3600 Ramon Road, APN 677-530-013 and -014 (formerly 677-530-003), Section 18 Planned Development District 252; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for amending the Conditional Use Permit related to Case 5.0789 PDD 252 was issued in accordance with applicable law; and WHEREAS, on February 24, 2010, the public hearing on the application for amending Conditional Use Permit Case 5.0789 AMND PDD 252 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, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt as a Class I exemption per Section 15301(Existing Facilities). Section 2: The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code requires the Planning Commission to make a number of findings for approval of the permit. Therefore, the Planning Commission finds: 1. 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 this Zoning Code. Check cashing services are identified as a use permitted with a Conditional Use Permit in the M-1 zone pursuant to PSZO Section 92.17.01(D) "Permitted Uses in the M-1 Zone". The PDD does not identify, limit or restrict permissible uses other than those in Planning Commission Resolution No. 6120 February 24, 2010 Case 5,0789 CUP PDD 252 -- CUP Amendment Page 2 of 3 the underlying zone. Therefore the project conforms to this finding. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Check -cashing is a useful service for those in the community who receive payments in the form of a check and need to convert it to cash. It is a convenience for those in the community who may not have their own bank accounts established at a local bank. It is a service complementary to other short -stop convenience goods and services available at a mini -mart. Therefore, the proposed use is consistent with this finding. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The proposal does not add any additional square footage to the existing building on the site; however it is possible that a slight increase in parking demand may occur. This increase in parking demand may not be met with the 13 existing on -site parking spaces. It may be necessary for parking to be accommodated via curbside parking on the adjacent local streets. The local street (Airport Center Drive) has been constructed to a width sufficient to accommodate curbside parking. Once the remaining sites in the PDD are developed, a reciprocal parking agreement will enable sharing of off-street parking spaces and the need for curbside parking will likely become unnecessary. Therefore the project conforms to this finding. 4. That 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. The existing site was conditioned with the original entitlement to provide turn lanes, traffic signal lights and other street and traffic related improvements. The site has been operating successfully without traffic conflicts since its construction in 2000. The roadway improvements and number of lanes have been constructed based on the projected build out of the PDD with commercial and light industrial airport related uses. The surrounding arterial roadways are predicted in the General Plan to operate at acceptable levels at full build out. Therefore, the site will adequately relate to the adjacent roadway network successfully. . 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. At present, there are no changes to the site plan. A condition of approval is included Planning Commission Resolution No. 6120 February 24, 2010 Case 5.0789 CUP PDD 252 — CUP Amendment Page 3 of 3 that will allow the City to reconsider the addition of Check -cashing uses to this CUP if there is a significant increase in police, traffic conflicts or other public services needed at the site following initiation of the check cashing use. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves this amendment to Conditional Use Permit 5.0789 PDD 252, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 2e day of February, 2010. AYES: 7, Caffery, Donenfeld, Hudson, Munger, Conrad, Scott and Cohen NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: rai ing, 4P n4reb4crof Pian ' g Services CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO.6120 (0 EXHIBIT A Case 5.0789 CUP AMND PDD 252 3600 East Ramon Road February 24, 2010 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, 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. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.0789 CUP AMND PDD 252; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. The uses and development of the site shall conform to all conditions of approval approved as part of the original CUP 1 PDD entitlement for this site. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. 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 5.0789 CUP AMND PDD 252. The City of Palm Resolution 6120 Conditions of Approval Page 2 of 5 Case 5.0789 CUP AMND PDD 252 Check Cashing Uses at 3600 Ramon Road February 24, 2010 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 the indemnification herein, 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. ADM 6. Maintenance and Re air. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit amendment shall be valid for a period of two (2) years from the effective date of the approval. Provided the project remains in compliance with all conditions of approval, the CUP does not have a time limit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm. Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 0. Tribal Fees Required. As the property is Indian reservation land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning Commission. ADM 10. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on -site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on -site security officers to ensure compliance with all City, State, and Federal laws Resolution 6120 Conditions of Approval Page 3 of 5 Case 5.0789 CUP AMND PDD 252 Check Cashing Uses at 3600 Ramon Road February 24, 2010 and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution ADM 11. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Policy or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. IN addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. ADM 12. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 22. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 23. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers (conditional use permits only) ADM 24. Avigation Agreement Requirement The applicant must provide a standard avigation easement and non -suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel (N zone only) ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP? Local Development Mitigation Fee (LDMF). required. This project is exempt from payment of the CVMSHCP LDMF (existing facilites). ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). N Resolution 6120 Conditions of Approval Page 4 of 5 Case 5.0789 CUP AMND PDD 252 Check Cashing Uses at 3600 Ramon Road February 24, 2010 PLANNING DEPARTMENT CONDITIONS PLN 1. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 2. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned PLN 3. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 4. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 6. No off -site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management 0 plan has been approved. PLN 7. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and commercial/retail patrons and owners. Location and design shall be approved by the Director of Planning. PLN 8. Hours of Operation for Check -Cashing The hours for check cashing services shall be from 8:00 a.m. to 7:00 p.m. daily. PLN 9. No Pay -Day Loans. Disbursement of "pay-day loans" is prohibited. POLICE DEPARTMENT CONDITIONS POL I. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS Resolution 6120 Conditions of Approval Page 5 of 5 Case 5,0789 CUP AMND PDD 252 Check Cashing Uses at 3600 Ramon Road February 24, 2010 All conditions of approval from the original CUP entitlement shall apply FIRE DEPARTMENT CONDITIONS All conditions of approval from the original CUP entitlement shall apply END OF CONDITIONS N W]