HomeMy WebLinkAboutPC Resolution _6383- Case 5.1325 CUP#,
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RESOLUTION NO. 6383
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
A CONDITIONAL USE PERMIT, CASE NO. 5.1325,
AUTHORIZING THE SALE AND REPAIR OF
MOTORCYLCES AT THE PROPERTY LOCATED AT 6550
NORTH INDIAN CANYON DRIVE.
WHEREAS, Lalith Chandrasena ("Applicant") has filed an application with the City
pursuant to Sections 94.02.00 of the Palm Springs Zoning Code (PSZC) to operate
motorcycle dealership with sales and repair at 6550 North Indian Canyon Drive, HC
Zone, Section 23; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider the application for Conditional Use Permit, Case No. 5.1325 was
given in accordance with applicable law; and
WHEREAS, on February 12, 2014, a public hearing on the application for Conditional
Use Permit, Case No. 5.1325 was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, the proposed Conditional Use Permit is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301(e) (Class 1 - Existing Facilities) of the CEQA Guidelines; 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: The Planning Commission finds that this Conditional Use Permit is
Categorically Exempt from environmental review pursuant to Section 15301(e) (Class 1-
Existing Facilities) of the California Environmental Quality Act Guidelines.
Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning
Commission finds that:
a. 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 Zoning Ordinance.
The subject property is zoned HC (Highway Commercial). Pursuant to
Planning Commission determination (Case No 10.477), motor scooter, motorbike
and motorcycle rental and sales is conditionally permitted in the HC zone.
Additionally, service and repair is allowed by Conditional Use Permit.
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Planning Commission Resolution No. 6383 February 12, 2014
Case 5.1325 CUP— Palm Springs Motor Sports, 6550 North Indian Canyon Drive Page 2 of 3
b. The use applied for 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 use will provide a retail establishment offering motorcycle sales and
repair near the interstate. The use at the subject location is desirable for drawing
a regional population and aiding in the development of the community.
As noted on page 2-9 of Land Use Element, the RBC designation allows
commercial uses including "retail establishments, hotels, automobile dealerships,
and other uses that serve a regional population." Thus, the use is in harmony
with the elements and objectives of the General Plan.
A motorcycle dealership at the proposed location is not anticipated to be
detrimental to existing uses or future uses specifically permitted in the HC zone.
c. 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 future uses of
the land in the neighborhood.
The 2.64-acre site is located at the southeast corner of a major
intersection. An existing 9,000-square foot building will house the sales area.
Parking and landscape improvements will occur to better accommodate the
proposed use. Therefore, the site is adequate in size and shape to
accommodate the proposed use.
d. The site for the proposed use related to streets and highways is properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The property is located at the corner of Indian Canyon Drive and Garnet
Ave, which are identified by the General Plan Circulation Element as Major and
Secondary Thoroughfares, respectively. Vehicular access to the site is provided
from Indian Canyon Drive. The site has twelve parking spaces and eleven are
required. Thus, the traffic generated by the proposed use is minimal and the
streets and highways are properly designed and improved to carry the type and
quantity of traffic generated by the use.
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Planning Commission Resolution No. 6383 February 12, 2014
Case 5.1325 CUP — Palm Springs Motor Sports, 6550 North Indian Canyon Drive Page 3 of 3
The conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare,
including any minor modifications of the zone's property development standards.
The project is unlikely to have a significant impact on the proposed project
site or its immediate surroundings. Conditions to ensure the protection of public
health, safety and general welfare are required to be fulfilled by the applicant for
approval; these include, but are not limited to, compliance with local, state and
federal laws; restrictions of off -site vehicle testing; and limitations on outdoor
display.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit Case No. 5.1325, subject to
those conditions set forth in Exhibit A, which are to be satisfied unless otherwise
specified.
ADOPTED this 121' day of February, 2014.
AYES: 7, Commissioner Calerdine, Commissioner Klatchko, Commissioner
Lowe, Commissioner Roberts, Commissioner Weremiuk, Vice -Chair
Hudson and Chair Donenfeld
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
M. M ro Wheeler, AICP
Direct r of Planning Services
RESOLUTION NO. 6383 f
EXHIBIT A ��JJ
Case 5.1325 CUP
Palm Springs Motor Sports, Inc.
6550 North Indian Canyon Drive
February 12, 2014
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
5.1325 CUP; except as modified with the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped January 16, 2014,
including site plan, landscaping and architectural elevations on file in the
Planning Division except as modified by the approved 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 5.1325 CUP. The City of Palm Springs will promptly o
notify the applicant of any such claim, action, or proceeding against the City
Conditions of Approval
Case 5.1325 CUP — PS Motor Sports, Inc.
Page 2 of 5
February 12, 2014
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. The time limit for commencement of use shall be two
(2) years from the effective date of approval. Extensions of time may be
approved by the commission upon demonstration of good cause by the
applicant.
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 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.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. If exterior lighting is proposed, 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.
4.
Conditions of Approval Page 3 of 5
Case 5.1325 CUP — PS Motor Sports, Inc. February 12, 2014
If lights are proposed to be mounted on buildings, down -lights shall be
utilized. No lighting of hillsides is permitted.
PLN 2. 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 not display signage
prohibited under Zoning Ordinance Section 93.20.04, including but not limited
to:
a. Rotating, Moving, Flashing, Reflecting, Prismatic or Blinking Signs. Signs
which rotate, move flash, reflect, blink or appear to do any of the foregoing
shall be prohibited. This includes, but is not limited to flags, banners,
pennants, inflatable objects and balloons, unless otherwise authorized in
Section 93.20.08
b. Signs attached, affixed to or from the interior of any merchandise or
products displayed outside of permanent buildings.
PLN 3. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
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.
PLN 7. 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 8. Outdoor Dis la . Outdoor merchandise display shall be located on the west
side of the building and entirely on private property. Items displayed are
limited to motorcycles in working condition and clean in appearance. The
outdoor display area shall not exceed six hundred square feet in area.
PLN 9. Vehicle Testing. All vehicle testing shall be limited to paved streets. The
business operators shall clearly communicate this information to customers
prior to any vehicle testing. Violations of this condition may result in
infractions, misdemeanors or revocation of this CUP.
PLN 10. (add any additional conditions imposed by the Planning Commission or City
Council here) 0
Conditions of Approval
Case 5.1325 CUP PS Motor sports, Inc.
POLICE DEPARTMENT CONDITIONS
Page 4 of 5
February 12, 2014
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.
FIRE DEPARTMENT CONDITIONS
FID 1 Fire Department Conditions are based on the 2013 California Fire Code. These
conditions are subject to final plan check and review. Initial Fire Department
conditions have been determined on the site plan received January 16, 2014.
Additional requirements may be required at that time based on revisions to site
plans.
FID 2 Fire Lane Marking (CFC 503.3): Approved signs or other approved notices or
markings that include the words NO PARKING — FIRE LANE shall be provided
for fire apparatus access roads to identify such roads or prohibit the obstruction
thereof. Signs or notices shall be maintained in a clean and legible condition at
all times and be replaced or repaired when necessary to provide adequate
visibility.
FID 3 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".
FID 4 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. The key box shall be of an approved type and shall contain keys to gain
necessary access as required by the fire code official.
The nominal height of key box installations shall be 5 feet above grade. Location
and installation of key boxes must be approved by the fire code official.
Applications for key boxes can be obtained by contacting the Palm Springs Fire
Department at (760) 323-8186.
Conditions of Approval Page 5 of 5
Case 5.1325
CUP — PS Motor Sports, Inc. February 12, 2014
FID 5
Key Box Contents: The Knox key box shall contain keys to all areas of
ingresslegress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms and elevator controls as applicable.
FID 6
Fire Alarm & Detection Systems (CFC 907.1): A fire alarm and detection
system may be required in an existing building, dependent of the occupancy
group classification assigned by the Building Code Official as determined in
CFC 1101.1
FID 7
Fire Extinguisher Requirements (CFC 906): Provide one 2A-10BC portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal
hazards. Show proposed extinguisher locations on the plans. Extinguishers
shall be mounted in a visible, accessible location 3 to 5 feet above floor level.
Preferred location is in the path of exit travel or near an exit door.
FID 8
High Piled Storage: If materials to be stored are anticipated to exceed 12 feet in
height, additional requirements will be necessary. All high piled storage shall
comply with Chapter 32 in the 2013 CFC. Contact the fire department plans
examiner for more detailed requirements.
FID 9
Hazardous Materials (CFC 5001.5.1): Provide a Hazardous Materials
Management Plan (HMMP) as required by the County of Riverside Department
of Environmental Health.
FID 10
Hazard Identification Signs (CFC 2703.5): Occupancy shall be placarded with
hazard identification signs visible from the exterior in accordance with NFPA
704. Signs shall reflect the hazard categories consistent with this occupancy.
END OF CONDITIONS
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