HomeMy WebLinkAboutPC Resolution _6350- Case 5.1184 CUPI
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RESOLUTION NO. 6350
OF THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS, CALIFORNIA APPROVING
CONDITIONAL USE PERMIT FOR A RECYCLING
FACILITY LOCATED AT 280 OASIS ROAD, ZONE
M-1, SECTION 34,
WHEREAS, Rick Bracamonte of Palm Springs Recycling ("Applicant") has filed an
application with the City pursuant to Section 94.02.00 of the Zoning Code to allow a
recycling facility to continue to operate located at 280 Oasis Road, Zone M-1, Section
34; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 5.1184 — CUP was given in accordance with applicable
law; and
WHEREAS, on July 9, 2008, a public hearing on the Conditional Use Permit No. 5.1184
— CUP application was held by the Planning Commission in accordance with applicable
law; and
WHEREAS, condition of approval number #5 placed a five year time limit on CUP with
Planning Commission review for renewal; and
WHEREAS on September 11 2013 a p public hearing on the renewal of Conditional
Use Permit No. 5.1184 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"), and has been determined to be
Categorically Exempt as a Class 1 exemption (Existing Facilities) pursuant to Section
15301 of the CEQA Guidelines; and
WHEREAS, the Planning Commission has carerully 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 requirements of Section 94.02.00(B)(6), 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.
Planning Commission Resolution No. 6350
Case No. 5.1184 — CUP
September 11, 2013
Page 2 of 3
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Pursuant to Section 92.17.01(D)(19) of the Palm Springs Zoning Code, a
recycling 1 salvage center may be permitted within the M-1 zone with the
approval of a Conditional Use Permit.
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 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.
Land Use Policy LU3.2 states, "Promote opportunities for expansion and
revitalization of industrial uses within the City." The facility and surrounding right-
of-way will be enhanced and revitalized. The use will not be allowed to have
storage that exceeds the wall height and additional landscaping will be installed.
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 subject site has served this use adequately for over twenty years. The new
block wall and additional landscaping will allow the PSRC to integrate into the
existing and 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 corner of Oasis Road and Del Sol Road.
These are local streets as defined by the General Plan Circulation Element.
Oasis Road is served by Indian Canyon Drive, which is designated as a Major
Thoroughfare by the General Plan Circulation Element. Del Sol Road is served
by Radio Road, which is designated as a Collector street by the General Plan
Circulation Element. These roads are adequate to serve a small recycling
facility.
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 0
Planning Commission Resolution No. 6350
Case No. 5.1184 — CUP
September 11, 2013
Page 3 of 3
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
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.
The previous conditions imposed required the applicant to make modifications to
the site to ensure that the public health, safety and general welfare are
protected. Some of the previous conditions included (1) making street
improvements to ensure safe pedestrian and vehicular movement around the
site; (2) installing a new wall block wall on or near the perimeter; (3) prohibiting
the acceptance of recyclable materials that may contain hazardous substance
remains; (4) Maintaining safe interior circulation. All conditional items have been
completed.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves the continued business operation without a time limit for
Case No. 5.1184 — CUP, subject to those conditions set forth in Exhibit A.
ADOPTED this 11" day of September, 2013.
AYES: 7, Commissioner Calerdine, Chair Donenfeld, Vice -Chair Hudson,
Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts and
Commissioner Weremiuk
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Pf J4
M. argo eeler, IC
Director of Planning Services
EXHIBIT A
Case Nos. 5.1184 — CUP
PALM SPRINGS RECYCLING CENTER
280 OASIS ROAD
Planning Commission
September 11, 2013
REVISED 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, 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
PROJECT SPECIFIC CONDITIONS
1. Within six months of the CUP approval date and prior to business license
approval, the owner shall:
a. Submit an on -site parking and circulation plan for review and approval by
the Department of Planning Services;
b. Install on -site parking and circulation improvements per the approved
plan;
C. Remove the existing corrugated metal fence and install a new ten foot
high block wall no closer than five feet to street property lines to screen all
materials and equipment from the exterior of the site.
d. Submit street improvement plans to the Engineering Department.
COMPLETED
2. The facility is prohibited from accepting metal materials that may contain
hazardous substance remains. This does not include batteries.
3. A ten foot walkway must be maintained around the metal recyclable pile.
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Planning Commission COAs September 11, 2013
Case 5.1184 — CUP Page 2 of 9
5. The owner and/or tenant 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, leave abandon shopping carts, or
cause any disturbances while on -site or on adjacent streets or alleyway. Palm
Springs Recycling Center shall make every effort to police the. block between
North Indian Canyon Drive and _Del Sol Road picking up trash and alerting
shopping cart recovery companies when needed. 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 and
conditions of approval. Failure to comply with these conditions may result in
revocation of this permit, temporary business closure or criminal prosecution.
6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, prior to issuance
of a building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal. All landscaping located
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
COMPLETED
7. Outdoor storage and activities associated with permitted uses shall be entirely
enclosed by solid masonry walls to adequately screen view of outdoor storage
and/or equipment from the external boundaries of the property. Items shall not be
stacked or stored higher than wall. All enclosures and stored materials must
comply with fire department requirements for access and fire protection.
8. No materials or wastes shall be deposited or stored in such form or manner that
they may be transferred off the lot by normally -occurring natural causes or
forces. Additional measures, such as netting, to ensure this condition is met may
be required by the City. Wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible by or otherwise be attractive to
rodents or insects shall be stored only in closed containers in required
enclosures.
GENERAL
9. 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.
Planning Commission COAs
Case 5.1184 — CUP
September 11, 2013
Page 3 of 9
9a. 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 5.1184 — 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.
10. 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 Police or the Director of Planning and Building, may result in
commencement of proceedings to revoke the Conditional Use Permit pursuant to
Section 9402.001 of the Zoning Ordinance. In addition, violations of 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.
11. 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.
12. Separate architectural approval and permits shall be required for all signs.
13. The street address numbering/lettering shall not exceed eight inches in height.
14. No sirens, outside paging, music speaker system or any type of signalization will be
permitted, except approved alarm systems.
15. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
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Planning Commission COAs September 11, 2013
Case 5.1184 — CUP Page 4 of 9
16. 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.
17. The applicant shall be required to maintain the opening hours as stated on the
Conditional Use Permit application. Hours of operation will be from 8:00
a.m. to 4:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. on
Saturdays. Any future modifications to the hours of operation shall require prior
approval by the Planning Commission and the City reserves the right to modify or
restrict the business hours based upon documented operational circumstances.
18. The applicant/owner shall notify the Director of Planning and Building in writing
30 days in advance of any changes in the operation of business. Any
transference of this Conditional Use Permit upon change of ownership is subject
to review and approval by the City. The applicant will provide all buyers with a
copy of this Conditional Use Permit.
19. The approval of Variance 6.510 is limited to the life of the Conditional Use Permit
(CUP) and upon its expiration the wall must be reduced to height limits consistent
with Section 93.02.00 of the Palm Springs Zoning Code.
FIRE DEPARTMENT
1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated 11/29107.
Additional requirements may be required at that time based on revisions to site
plans.
2. Combustible Storage (CFC 315.3): Outside storage of combustible materials
shall not be located within 10 feet (3048 mm) of a property line.
3. Storage Beneath Overhead Projections From Buildings (CFC 315.3.1):
Combustible materials stored or displayed outside of buildings that are protected
by automatic sprinklers shall not be stored or displayed under non- sprinklered
eaves, canopies or other projections or overhangs.
4. Storage Height in Open Areas (CFC 315.3.2): Storage in open areas shall not
exceed 10 feet in height.
5. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads
shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to within
150 feet (45 720 mm) of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around
the exterior of the building or facility.
Planning Commission COAs
Case 5.1184 — CUP
September 11, 2013
Page 5 of 9
6. Fences (CFC 503.1.5): When fences are installed that cause the distance from
an approved fire department access road to exceed the maximum distance
allowed in Section 503 herein, a gate shall be provided in the fence to maintain
the required fire department access. The gate shall installed with a minimum of
four (4) feet in width and be equipped with a key box and/or lock accessible from
both sides in accordance with Section 506 herein from the existing concrete
parking area that will provide access to the east side of the building.
7. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be
a minimum of 4" high with a minimum stroke width of 0.5".
8. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire -fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location.
9. Location of Knox boxes: A Knox box shall be installed at every locked gate.
Boxes shall be mounted at 5 feet above grade. Show location of boxes on plan
elevation views. Show requirement in plan notes.
10. Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the building/complex.
11. Security Gates (CFC 503.6): Approved security gates shall be a minimum of 14
feet in unobstructed drive width on each side with gate in open position.
12. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of
floor or grade travel distance for normal hazards. Portable fire extinguishers shall
not be obstructed or obscured from view. Portable fire extinguishers shall be
installed so that the top I not more than 5 feet above the floor.
13. Storage Associated with Yard Waste and Recycling Facilities (CFC 1908):
M
a. Size of piles. Piles shall not exceed 10 feet in height, 150 feet (45 720
mm) in width and 250 feet (76 200mm) in length. (CFC 1908.3)
b. Pile separation. Piles shall be separated from adjacent piles by approved
fire apparatus access roads. (CFC 1908.4) 0
Planning Commission COAs
Case 5.1184 — CUP
September 11, 2013
Page 6 of 9
c. Combustible waste. The storage, accumulation and handling of
combustible materials and control of vegetation shall comply with Chapter
3. (CFC 1908.5)
BUILDING DEPARTMENT
1. The applicant shall obtain permits for all construction involved with the site.
ENGINEERING DEPARTMENT
Before final acceptance of the project, all conditions .listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
3. All improvements must be installed within twelve months of the Conditional Use
Permit approval date.
OASIS ROAD
4. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire
frontage, with a 25 feet radius curb return at the northeast corner of the
intersection of Oasis Road and Del Sol Road in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
5. Construct a 15 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201.
6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
7. Construct a Type B curb ramp meeting current California State Accessibility
standards at the northeast corner of the intersection of Oasis Road and Del Sol
Road in accordance with City of Palm Springs Standard Drawing No. 213.
8. Construct pavement with a minimum pavement section of 2'/2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire Oasis Road frontage in accordance
Planning Commission COAs
Case 5.1184 — CUP
September 11, 2013
Page 7 of 9
with City of Palm Springs Standard Drawing No. 110. Additional pavement
removal and replacement may be required upon review of existing pavement
cross -sections, and to ensure grade breaks of the pavement cross-section do not
occur within a travel lane. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
DEL SOL ROAD
9. Construct a 6 inch curb and gutter, 20 feet east of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
10. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
11. Construct pavement with a minimum pavement section of 2'/2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire Oasis Road frontage in accordance
with City of Palm Springs Standard Drawing No. 110. Additional pavement
removal and replacement may be required upon review of existing pavement
cross -sections, and to ensure grade breaks of the pavement cross-section do not
occur within a travel lane. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
PUBLIC ALLEY
12. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
13. All sanitary facilities shall be connected to the public sewer system. The existing
sewer service to the property shall be used for new sanitary facilities.
DRAINAGE
14. Direct release of on -site nuisance water or stormwater runoff shall not be
permitted to Oasis Road or Del Sol Road. Provisions for the interception of
nuisance water from entering adjacent public streets from the project site shall be
provided through the use of a minor storm drain system that collects and conveys
nuisance water to landscape or parkway areas, and in only a stormwater runoff
condition, pass runoff directly to the streets through parkway or under sidewalk
drains. 0
Planning Commission COAs September 11, 2013
Case 5.1184 -- CUP Page 8 of 9
15. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre -treating stormwater runoff, may be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre -treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required,
such measures shall be designed and installed on -site; and provisions for
perpetual maintenance of the measures shall be provided to the satisfaction of
the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development (if any).
16. A Water Quality Management Plan (WQMP) shall be submitted to and approved
by the City Engineer. The WQMP shall address the implementation of
operational Best Management Practices (BMP's) necessary to accommodate
nuisance water and storm water runoff from the site. Direct release of nuisance
water to adjacent public streets is prohibited. Construction of operational BMP's
shall be incorporated on -site as required by the City Engineer.
GENERAL
17. The record property owner shall enter into a covenant agreeing to underground
all of the existing overhead utilities required by the Municipal Code in the future
upon request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property owner
and submitted to the City Engineer prior to issuance of a grading permit. A
current title report or a copy of a current tax bill and a copy of a vesting grant
deed shall be provided to verify current property ownership. A covenant
preparation fee in effect at the time that the covenant is submitted shall be paid
by the applicant prior to issuance of any grading or building permits.
18. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
TRAFFIC
19. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Planning Commission COAs September 11, 2013
Case 5.1184 — CUP Page 9 of 9
20. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
21. Construction signing, lighting and barricading shall be provided during all phases
of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with Part 6 "Temporary Traffic Control" of the California Manual on
Uniform Traffic Control Devices for Streets and Highways, dated September 26,
2006, or subsequent editions in force at the time of construction.
END OF CONDITIONS
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