HomeMy WebLinkAboutPC Resolution _6281- Case 5.1278 CUPRESOLUTION NO. 6281
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CASE 5.1278 CUP, A CONDITIONAL USE
PERMIT APPLICATION FOR AN AUTOMOBILE SERVICE
(GAS) STATION AND TRUCK STOP AT 6605 NORTH
INDIAN CANYON DRIVE.
WHEREAS, Pilot Travel Centers, LLC ("applicant") has filed an application with the City
pursuant to Section 94.02.00 (Conditional Use Permit) of the Palm Springs Zoning
Code (PSZC) seeking approval to establish an automobile fuel station and truck stop
with the City of Palm Springs at 6605 North Indian Canyon Drive, Zone HC, Section
151Township 31 Range 4; and
WHEREAS, a notice of public hearing for Case 5.1278 CUP was given in accordance
with applicable law; and
WHEREAS, on June 27, 2012, a public meeting on Case 5.1278 CUP was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA") The project has been evaluated in
accordance with the guidelines of CEQA and determined to be Categorically Exempt
pursuant to Section 15301(e) (Class 1 • Existing Facilities); 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 Planning Commission finds that the proposed project is Categorically
Exempt pursuant to Section 15301(e) (Class 1 - Existing Facilities).
Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit), the
Planning Commission finds as follows:
The commission shall not approve or recommend approval of a conditional use permit
unless it finds as follows:
a. 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 application proposes an automobile service (gas) station and truck stop use to
support refueling and retail needs of transient populations. It is proposed on a roughly
Planning Commission Resolution No. 6281
Case 5.1278 CUP Pilot at 6605 N. Indian Canyon Drive
r
June 27, 2012
Page 2 of 3 0
5.4-acre parcel zoned HC (Highway Commercial). Pursuant to PSZC Section
92.14.1.01(D)(3) and 92.14.1.01(D)(5), automobile service stations and truck stops are
permitted in this zone subject to a conditional use permit (CUP).
b. 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 applicant is requesting continuation of an existing fuel service and truck stop facility
to serve truck and motorist needs using the adjacent Interstate 10 freeway. The use is
desirable due to its proximity to the freeway and will serve others in the community.
The proposed use is consistent with the General Plan. The proposed service station
will be operated in accordance with all applicable regulatory standards and codes. Staff
believes this is an appropriate use for this freeway -adjacent site in the HC Zone and will
not be detrimental to future uses specifically permitted in the zone.
c. 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 site is roughly 5.4 acres in size and more than double the minimum lot size
requirements of the zoning code. The building and fuel pump canopies are well away
from the minimum setbacks. Thus, the site for the use is adequate in size and shape to
accommodate such uses as an automobile service station and truck stop.
d. 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 site has direct access to Indian Canyon Drive and Garnet Avenue. These streets
are designated as major and secondary thoroughfares, respectively, on the City's
General Plan Circulation Map. Additionally, the recent completion of the Indian Canyon
Drive 1 1-10 interchange will provide better accessibility and circulation to the site. The
project therefore conforms to this finding.
e. That the conditions to be imposed and shown on the approved
plan are deemed necessary to protect tl
general welfare and may include minor
property development standards.
site
public health, safety and
modification of the zone's
A proposed set of Conditions of Approval accompany this staff report in Exhibit A.
Planning Commission Resolution No. 6281
Case 5.1278 CUP Pilot at 6605 N. Indian Canyon Drive
June 27, 2012
Page 3 of 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1278 - CUP for the establishment of a
automobile service (gas) station and truck stop at 6605 North Indian Canyon Drive,
subject to the attached conditions set forth in Exhibit A.
ADOPTED this 271" day of June 2012.
AYES: 6, Munger, Vice Chair Hudson,
Chair Donenfeld
NOES: None
ABSENT: 1, Calerdine
ABSTAIN: None
ATTEST:
JEWIng, AICP
of Planni ervices
Conrad, Klatchko, Roberts and
CITY OF PALM SPRINGS, CALIFORNIA
O
RESOLUTION NO. 6281 �✓
EXHIBIT A
Case 5.1278 CUP Pilot Travel Centers, LLC for a
Conditional Use Permit for an Automobile Service Station & Truck Stop
At 6605 North Indian Canyon Drive
June 27, 2012
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 0
ADM 1. Proiect Description,. This approval is for the project described per Case
5.1278 CUP; except as modified with the approved Mitigation Monitoring
Program and the conditions below.
ADM 2. Reference Documents. The site shall be maintained in accordance with the
approved plans 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,
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 5.1278 CUP. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City
Resolution No.
Conditions of Approval
Case 5.1278 CUP Pilot at 6605 N. Indian Canyon Drive
June 27, 2012
Page 2 of 4
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. 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 8. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 9. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Li_qhtinq Conformance. Any modification to exterior lighting shall be
reviewed and approved by the Director of Planning Services. All proposed
lighting shall be in conformance with Section 93.21.00 Outdoor Lighting
Standards of the Palm Springs Zoning ordinance.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and any state water efficiency ordinances. Any changes to
existing landscaping shall be submitted to the Director of Planning Services
for review and approval. Landscape plans shall be wet stamped and
t
Resolution No.
Conditions of Approval
Case 5.1278 CUP Pilot at 6605 N. Indian Canyon Drive
June 27, 2012
Page 3 of 4
approved by the Riverside County Agricultural Commissioner's Office prior to
submittal. Prior to submittal to the City, landscape plans shall also be
certified by the Desert Water Agency that they are in conformance with the
State Water Efficient Landscape Ordinance. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
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.
PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 5. 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 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 7. Outside Storage. Operations outside permanent structures shall be limited to
the dispensing of gasoline, oil, water, air, and attaching and detaching trailers.
There shall be no outside storage or display of tires, oil or other products and
accessories. The sale of LPG may be permitted if approved in conjunction
with a land use permit.
PLN 8. 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
plan has been approved.
PLN 9. Noise. Noise shall be muffled so as not to become objectionable due to
intermittence, beat frequency or shrillness, and the decibel level measured at
property lines shall not exceed street background noise normally occurring at
the site location.
PLN 10. Sale of Beer Wine Liquor or Other Alcoholic Bevera es. No alcoholic
beverage sales are permitted at the site. Should the property owner wish to
offer any of these items, an amendment to this Conditional Use Permit shall
be required.
0
PLN 11. Parcel Mer. er. Within thirty days of the date of this approval, the applicant
shall file a parcel merger application with the City to merger all properties
associated with this CUP. 0
Resolution No.
Conditions of Approval
Case 5.1278 CUP Pilot at 6605 N. Indian Canyon Drive
POLICE DEPARTMENT CONDITIONS
June 27, 2012
Page 4 of 4
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 he secured.
ENGINEERING DEPARTMENT CONDITIONS
None.
FIRE DEPARTMENT CONDITIONS
None.
END OF CONDITIONS
0
101
NJ