HomeMy WebLinkAboutPC Resolution _6144- Case 5.1243- CUP- BBVA Compass Bank Drive-ThroughRESOLUTION NO. 6144
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NUMBER 5.1243 CONDITIONAL USE
PERMIT TO ALLOW FOR AN ATM DRIVE -THROUGH
FACILITY FOR BBVA COMPASS BANK LOCATED AT 420
SOUTH PALM CANYON DRIVE.
WHEREAS, BBVA Compass Bank ("Applicant") filed an application with the City for a
Conditional Use Permit to allow the use of an ATM drive -through facility and architectural
approval located at 420 South Palm Canyon Drive, APN 513-214-008 Section 151414; 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 5.1243 was issued in
accordance with applicable law; and
WHEREAS, on June 9, 2010, the public hearing on the application for Conditional Use
Permit 5.1243 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: This project is categorically exempt from environmental review pursuant to
Section 15303(c) (Class 3 — new construction not exceeding 2,500 square feet) of the
California Environmental Quality Act (CEQA),
Section 2: Pursuant to Section 93.06.00(C)(18) of the PSZC, drive -through facilities
must conform to the following regulations:
a. Safe on- and off -site traffic and pedestrian circulation shall be provided,
including, but not limited to, traffic circulation which does not conflict with entering
or exiting traffic to the site, parking or pedestrian movements.
The entrance to the drive -through facility is located at the end of a drive -aisle
which has adequate stacking capability to allow for safe circulation. The exit of
the drive -through allows adequate visibility for a safe transition to an interior
driveway.
b. A stacking area shall be provided for each service window or machine and shall
provide a minimum of seven (7) tandem standing spaces inclusive of the vehicle
being serviced. The standing spaces shall not extend into the public right-of-way
Planning Commission Resolution No. 6144
Case No. 5.1243 CUP
June 9, 2010
Page 2 of 5
nor interfere with any internal circulation patterns. Vehicles at service windows or
machines shall be provided with a shade structure.
The drive -through provides for seven tandem standing spaces inclusive of the
vehicle being serviced. All seven spaces do not impede the nearby parking or
the circulation of vehicles within the parking lot.
C. The drive -through facility shall be designed to integrate with existing or proposed
structures, including roof lines, building materials, signage and landscaping.
The proposed drive -through shade structure uses the same roof as the ATM
overhang and the colors and materials are all consistent with the proposed
architecture of the kiosk. Therefore, the facility is designed to meet this standard.
d. Amplification equipment, lighting and location of drive -through elements and
service windows shall be screened from public rights -of -way and adjacent
properties.
The drive -through elements and car stacking will be located behind a landscape
berm which is adjacent to a high traffic street. The ATM will not have
amplification and the lighting will be integral to the design of the ATM and will not
spill off of the site. 0
Section 3: Pursuant to Section 94.04.00 of the Zoning Ordinance, the Planning
Commission finds
Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Definition of pedestrian and vehicular areas; i.e.,
sidewalks as distinct from parking lot areas;
Access throughout the proposed project is designed according to the
requirements of the Uniform Building Code and ADA rules, including accessible
pathways, handicapped parking spaces and vehicular access. The ATM is
oriented relative to the existing buildings and the immediate surroundings.
2. Harmonious relationship with existing and proposed adjoining developments and in
the context of the immediate neighborhood/community, avoiding both excessive
variety and monotonous repetition, but allowing similarity of style, if warranted;
The properties to the west, south, north, and east are commercial buildings. The
proposed ATM drive -through will be an accessory use to a main bank use and
will be harmonious with the existing development. The ATM kiosk will be
constructed of metal 1-beams with a 5'.6" overhang, covering the ATM machine
and the car. The structure will be blue with an internally illuminated sign at the
top of the kiosk. Bollards painted blue will surround the structure.
Planning Commission Resolution No. 6144 June 9, 2010
Case No. 5.1243 - CUP Page 3 of 5
3. Maximum height, area, setbacks and overall mass, as well as parts of any
structure (buildings, walls, screens, towers or signs) and effective concealment of
all mechanical equipment,
The proposed maximum height of the ATM will be twelve (12) feet built in a
minimalist design; the setbacks are consistent with the requirements of the Palm
Springs Zoning Code. The proposed landscape provides adequate screening
and shading; and all mechanical equipment will be concealed within the kiosk.
4. Building design, materials and colors to be sympathetic with desert surroundings;
AND
5. Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures, which are visible simultaneously, -
AND
6. Consistency of composition and treatment,
The proposed ATM is a simple design with basic materials that include steel,
bollards, all painted with limited signage. The colors include gray and blue for
the ATM structure.
7. Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper irrigation to
insure maintenance of all plant materials;
The landscape design proposes drought tolerant trees, shrubs and groundcover.
Drip emitters will deliver water to each individual plant, thereby practicing water
efficient irrigation methods.
Section 4: 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.
The site is located within the CBD (Central Business District) zone. Pursuant to
Section 92.09.00 of the Palm Springs Zoning Code (PSZC), Banks are permitted
within the CBD zone. Drive -through facilities are a permitted use with a
conditional use permit pursuant to Section 92.09.01(D)(7)) of the PSZC.
2. That the use is necessary or desirable for the development of the community, is
in harmony with the various elements or 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_
The General Plan designation of the subject site is CBD (Central Business
District). The General Plan states...
Planning Commission Resolution No. 6144
Case No. 5.1243 - CUP
June 9, 2010
Page 4 of 5
The CBD serves as the main activity center and cultural core of the
community and, as such, venues are encouraged that provide services to
the downtown residents and visitors.
The proposed ATM drive -through is a commercial use that will serve the local
residents and visitor population; therefore, the use is consistent with the General
Plan. The use is not detrimental to existing or future uses specifically permitted
in the zone since there are other drive -through facilities that exist in the area.
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 drive -through facility will allow up to seven (7) vehicles stacking without
impeding parking lot traffic; a minimum of seven is required by the Zoning Code.
The project proposes the removal of twelve (12) parking spaces leaving a total of
187 in the combined parking lots. Adequate landscape buffers are provided for
screening. Therefore, the project site is adequate in size and shape to
accommodate the proposed project, required parking and other features
necessary to adjust such use to those existing or permitted future uses of land in
the neighborhood.
4. That 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 site is located on the west side of South Indian Canyon Drive. South
Indian Canyon Drive is designated as a Major Thoroughfare on the City's
General Plan Circulation Map; the thoroughfare is fully improved and will provide
access to the proposed use.
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.
Such conditions may include.
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
Planning Commission Resolution No. 6144
Case No. 5.1243. CUP
June 9, 2010
Page 5of5
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed
m. Duration of use
n. Dedication of property for public use
o. Any such other conditions as will make possible the development of the city in
an orderly and efficient manner and in conformity with the intent and purposes
set forth in this Zoning Code, including but not limited to mitigation measures
outlined in an environmental assessment.
All proposed conditions of approval are necessary to ensure compliance with the
Zoning Ordinance requirements and to ensure the public health, safety and
welfare. No minor modifications to development standards are included.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit 5.1243, subject to the conditions set
forth in the attached Exhibit A.
ADOPTED this a day of June, 2010.
AYES: 6, Scott, Donenfeld, Hudson, Conrad, Vide Chair Caffery and Chair Cohen
NOES: None.
ABSENT: 1, Munger
ABSTAIN: None.
ATTEST:
E ing, P
Dire r of PI ni g Services
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6144
EXHIBIT A
Case 5.1243 - CUP
Conditional Use Permit
BBVA Compass Bank ATM Drive -Through
420 South Palm Canyon Drive
June 9, 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
5.1243 CUP 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 June 9, 2010, 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.
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,
Resolution 6144
Conditions of Approval
5.1243 CUP - BBVA Compass Bank Drive -Through
Page 2 of 4
June, 9 2010
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 5.1243 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 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 Repair. 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 the (Planned Development District
(PDD) Tentative Tract Map (TTM) and Major Architectural Applications (MAJ)
shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
Approval of this Conditional Use Permit shall be valid for a period of two (2)
years from the effective date of the approval. Once constructed, the
Conditional Use Permit, provided the project has remained in compliance with
all conditions of approval, 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.
Resolution 6144
Conditions of Approval
5.1243 CUP - BBVA Compass Bank Drive -Through
Page 3 of 4
June, 9 2010
ADM 9. 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)
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down -lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Conditions Imposed from AAC Review. The applicant shall incorporate the
following comments from the review of the project by the City's Architectural
Advisory Committee:
• The preferred color scheme is #1 — blue.
• The ATM kiosk will be built in a minimalist style.
PLN 3. 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. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 4. 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 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan. 0
Resolution 6144
Condi#ions of Approval
5.1243 CUP - BBVA Compass Bank Drive -Through
POLICE DEPARTMENT CONDITIONS
Page 4 of 4
June, 9 2010
POL 1. 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.
END OF CONDITIONS
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