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HomeMy WebLinkAbout9/17/2008 - STAFF REPORTS - 1.A. lw CITY COUNCIL STAFF REPORT DATE: September 17, 2008 PUBLIC HEARING SUBJECT: ENDURE INVESTMENTS, LLC. — AN APPEAL OF THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL FOR CASE NO. 5.1128, A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE STATION AND CAR WASH FACILITY WITH RESTRICTED HOURS OF OPERATION LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND MISSION DRIVE. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY Endure Investments, LLC. is requesting that the City Council modify Condition of Approval No. 1 to allow longer hours of operation for the proposed EZ Lube to be located at the southeast corner of Gene Autry Trail and Mission Drive. The approved hours of operation for the automobile service use and the car wash are 7 a.m. to 7 p.m. daily. The applicant would like the daily hours of operation to be from 7 a.m. to 9 p.m. for the automobile service use and open 24 hours a day for the car wash. RECOMMENDATION 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION OF APPROVAL FOR CASE NO. 5.1128, A CONDITIONAL USE PERMIT ALLOWING AN AUTOMOBILE SERVICE STATION AND CAR WASH FACILITY WITH RESTRICTED HOURS OF OPERATION LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND MISSION DRIVE, ZONE M-1-P, SECTION 18." PRIOR ACTIONS On July 23, 2008, the Planning Commission reviewed the proposed automobile service station and car wash facility and by a 5-0-2 vote (Conrad & Ringlein absent) approved the project with specific Condition of Approval No. 1 below: ITEM NO.-ILL- City Council Staff Report Page 2 of 3 September 17,2008 5.1128 CUP-Appeal 1. The hours of operation for the automobile service use and car wash facility shall be from 7 a.m. to 7 p.m. daily. 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. BACKGROUND AND STAFF ANALYSIS The Planning Commission approved a Conditional Use Permit and Variance to allow the proposed automobile service station with two service bays. The approval also included a car wash facility as a third bay- The car wash will be an automatic machine- The applicant had requested that the daily hours of operation for the automobile service use be from 7 a.m. to 9 p.m. and the car wash use be open twenty-four hours. During the Planning Commission meeting, the Commission reviewed a letter(attached) from the Cathedral City staff expressing concerns about the hours of operation and the car wash location. The Planning Commission expressed concerns regarding the noise generated by the proposed use and residential zoning to the east. As part of the Commission's approval, the hours of operation for both the automobile service and car wash uses were limited to 7 a.m. to 7 p.m. daily. The applicant / appellant is now requesting that the City Council modify the daily hours of operation between 7 a-m- to 9 p-m- for the automobile service use and the car wash use be open twenty-four hours daily. In the appeal letter dated July 29, 2008, the applicant states that the changes made by the Planning Commission make it difficult for the business to compete in their competitive industry- Staff has analyzed the appellant's request with the concerns expressed by the Planning Commission and determined that the Commission's argument for restricted hours of operation is a valid concern. The subject use may pose as an intrusion to the future residential homes to the east if operating hours are extended into the late evening or through the middle of the night. Therefore, staff believes that the City Council should deny the appeal and uphold the Planning Commission's decision. FISCAL IMPACT None. 9%id }wing, AICrervices Thomas Wilso Assistant City Manager Dir ct r'of Planning rU David H. Ready, Cit er 02 City Council Staff Report Page 3 of 3 September 17,2008 5 1128 CUP-Appeal Attachments: 1. 400' Radius Vicinity Map 2. Draft Resolution 3. Letter of Appeal, Endure Investments, LLC 4. Letter from the City of Cathedral City 5. Site Plan 6. Planning Commission Minutes, dated July 23, 2008 (excerpt) 7. Planning Commission Staff Report, July 23, 2008 8. Planning Commission Resolution 7153 Q� N Department of Planning Services W � Vicinity Map s anH� x 'k -Q R! 4� Ll a � _ R MiS m z m G Legend ® site [=40011 Radios o RAMON IRD RAMON PO CITY OF PALM SPRINGS CASE NO: 5,1128 CUP DESCRIPTION: To consider an appeal by Endure Investments, LLC, of the Planning Commission's action on July 23, 2008, approving APPLICANT: Endure Investments, LLC a Conditional Use Permit to allow the operation of an automobile service station with drive- through facilities and a Variance to reduce setbacks located at the southeast corner of Gene Autry Trail and Mission Road. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION OF APPROVAL FOR CASE NO. 5.1128, A CONDITIONAL USE PERMIT ALLOWING AN AUTOMOBILE SERVICE STATION AND CAR WASH FACILITY WITH RESTRICTED HOURS OF OPERATION LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND MISSION DRIVE, ZONE M-1-P, SECTION 18. WHEREAS, Geiger, LLC / Endure Investments, LLC ("Applicant") filed an application with the City pursuant to Section 94.02.00 and 94.06,00 of the Palm Springs Zoning Code (PSZC) for a Conditional Use Permit and Variance to allow the construction and use of a automobile service station with reduced setbacks located at the southeast corner of Gene Autry Trail and Mission Drive (APN 677-280-041), Zone M-1-P, Section 18; and WHEREAS, on July 23, 2008, the Planning Commission approved Case No. 5.1128 CUP and 6.501 VAR, subject to Conditions of Approval; and WHEREAS, on July 31, 2008, Endure Investments, LLC, filed an appeal of the Planning Commission's Conditions of Approval No. 1, regarding hours of operation; and WHEREAS, on September 17, 2008, the City Council conducted a public hearing on the appeal by Endure Investments, LLC; and WHEREAS, the City Council reviewed all of the evidence presented in connection with the matter, including, but not limited lo, the staff report and exhibits prepared on the matter, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the decision by the Planning Commission to approve the project subject to conditions, including restriction of hours of operation, was necessary in order to ensure that the proposed use is compatible with the its surroundings. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby rejects the appeal and upholds the decision of the Planning Commission to approve the project subject to the Conditions of Approval outlined in Exhibit A of Planning Commission Resolution 7153. Resolution No. Page 2 ADOPTED THIS day of , 2008. ATTEST: David H. Ready, City Manager James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California ENDURE INVESTMENTS, LLC Jtdy 29,2005 Mr. Craig Ewing Planning Director City of pa]n, Springs 3200 E. Tahquitz Canyon Way Pahn Springs,CA 92263-2743 RE: EZ Lube—250 S. Gene Aurry Trad—Planning Commission Dear Craig: We apptcciatc the efforts you and your staff have put forth for our projects in your city. We believe you have appropriately assessed the impacts of the project and agtec with your findings in the staff report. However, the changes made to the staff report by the Planning Cor amission make it difficulr for EZ Lube to compete in thcit competitive industry. Therefore we would like to appeal the revisions made by the planning Commission to the City Council. Attached is a check to cover the costs associared with this appeal. Res ect£ully, ,�� , ack I�urchian uT..2f JUL ' 2008 P J ry 1888 Century Park Fast, Suite 450 Los Angeles,CA 90067 CJ Phone: 310.247.0900—Fax 310.247-1525 °f-J ,k�2, ENDURE INVESTMENTS, LLC August.8, 2008 tvlt- Chug Ewing Planning Dircctoa- (-ity of Pahn Springs 3200 P- Tahquitz Canyon Way Palm Springs, CA 92263-2743 RE: EZ I.ubc—250 S- Gene Autry Trail—Planning Commission Dear Craig: In addition to our f ulq 29`h letter we would like to inform you the Conditions we wish to appeal to the City Council are the hours of operation for the business and car wash. We look forward to working with you and your staff in get these issues resolved. Respectfully, i Jack Kutchian 1888 Century Park Last, Suite 450 Los Angeles, CA 90067 Phone: 310 247.0900 - Fax 310247-1525 rlrY �EC�I�;'�D or- PALM sPRin;G , ZQd6 JUL18 44 f D= 4 7 CGLt �G�YGC� (mot cr r w I Ct_E� K Trio spiru of the baser} July 17, 2008 James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Planning Commission, Public Hearing for Case 5,1128 Conditional Use Permit and 6.501 Variance Dear Commissioners- ] represent the ownership of the three properties directly across San Joaquin Drive from the proposed development (67025 and 67045 Mission Drive and 31392 San Joaquin Drive), all zoned as R1 single-family detached residential. Due to the very close proximity of the proposed usage to the R1 Residential Zone, I would like to offer the following comments for consideration and request their possible inclusion within the Planning Commission's findings, recommendations or Conditions of Approval. Background Information: We are currently in the process of re-subdividing the two acre lots on Mission drive into 4 new /4 acre lots with three of the new single-family homes facing San Joaquin Drive, directly across from the proposed development(see attached). 1. We respectfully request that the hours of operation of the "automobile service station" be restricted to between 7 am and 7 pm daily (but certainly no longer than 7 am to 9 pm daily). (We understand that the applicant agrees to limit business hours for the automotive services to 7am to 9pm, which is satisfactory to us). 2. We respectfully request that the design of the building be "flipped" to locate the car-wash bay at the Gene Autry Trail side of the property, further from the single-family residential development along San Joaquin Drive. The administrative office space and waiting room would then be on the San Joaquin side of the building and more compatible with single family homes across the 36'-wide street. This is especially important since the eastern end of the building seems to come within less than 10 feet of the curb of San Joaquin Drive. Noise, dirt and blowing mist from the carwash will surely impact the quiet enjoyment of the residents on the east side of San Joaquin, but this would be somewhat mitigated by having the car-wash bay at the western end of the building with the office space at the eastern end next to 68-700 Avenida Lolo Guerrero • Cathedral Cily • California • 92234 www.cafhedralcify.gov IgY , d .,,, the residential area. (We understand that the applicant maintains that site constraints discussed with the Palm Springs AAC make it impossible to have the car-wash at the west end of the building. We still feel that this change could be accomplished and would make for site plan that is more compatible with adjacent uses). 3. SunBus has informed us of their desire and intent to relocate the current bus- stop at San Luis Rey and Mission Drive to a location on the east-bound south side of Mission Drive about 75 feet east of San Joaquin. Combined with the foot traffic that may be generated by the ATM at the corner of Gene Autry Trail and Mission Drive, we would respectfully recommend that the sidewalk- width at the north end of the proposed usage (along the south side of Mission Drive) be increased from the 4-foot width that appears to be shown on the drawings to at least 6 feet in order to better accommodate pedestrian traffic. (Based on the applicant's response, it seems that this request has been satisfied). Although I am not a planner, I hope that you will find these comments, requests and recommendations to be pertinent and useful in your consideration of these two cases. If these issues can be addressed we, as adjacent property owners, can fully support the proposed development. In closing I would like to thank planner, David Newell, for his help in clarifying the scope and detail of this proposed development for us. �lrr✓I�i���__" Warren Bradshaw, Housing Programs Manager Cathedral City Redevelopment Agency 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 tel: (760) 770-0376 fax. (760) 202-1470 wbradshaw cathedralcit ov 68.700 Avenida Lalo Guerrero , Cathedral City California 92234 www.cothedralcity.gov . . Ni LOT L 477" < E T FrR HYDRANT -.1� C E1pST. 9�EW/SLIC_ _ _...__._.�.,�»r., MISS 09 aRs a GUTTER I DRIVE I n 270-00 w rner JV — " Han<nao� r r �crz'r SIo79- !1 r_,. ...� r a rn LVT' �7 27.3' ? 4.73.E+fS.F. I § l �'r •i r• I� ►ry�S f a , 'y, ZQ• ko n i �a 0, 7T OTJ 476 I I ,s I I j �Ij zcr i - S :'[13' 1 m4 _....-. wr LDT 1 ..fL. ...r[.r" T•a W:: �x:i"--ry...n„ r �'vyC:.r J 501 NOTE; THa BOUNDARY T �AND HI RAPC IHFOWATOH $HOMI RECORD SOURCM. i SUPAh'ARY ccrvscu ul.o+era A 11 sr[ovl: Ac) out lA•3 exre ;e'+'+.s(o al_ eel I�• x.a ea BUILM-IG An" ON PA,H.bG Pfi .BE) .11 SiA'IS PrM11.P.AF..O IA- ATM �_ t� �J � � ' • V . L�i .l 'I5a `e ' �v, :n•vim � j u _ / y kt 1' w LL / r ti� �� '-4 1'�� 1 \�4•, 3��' }l�,y—I`,,ry{+ li �'li � �S ry_ y� � 10 r ��1 V! • , � 1 I , `; +?� — �+' ``1III ', A. � i• C� .g_\�.?.E a9' _�11�, y I '! 7 v � �1 —rl• I + � U i1 CS 1 [b f`f p 3 SAN JOAQUIN DRIVE ei SCALE i o .sL.,.f�� SITE PLAN w'A's's 17 16 zs Jx' es A Li c.� City of Palm Springs Planning Commission Minutes of July 23, 2008 -Fire Condition #4 and #13 - Staff to work with the fire department to. clarify storage height. -Street Condition #2 change to #1 D. To submit street improvement plans within 6 months and construction completed within 12 months of approval date. Commissioner Scott re-entered the Council Chamber at 2:32 p.m. 4B. Case 5.1128 CUP / 6.501 VAR (Easy Lube) - An application by Endure Investments, LLC, for a Conditional Use Permit to allow the construction and operation of an automobile service station and a Variance to reduce setbacks located at the southeast corner of Gene Autry Trail and Mission Road, Zone M-1-P, Section 17, APN: 677.280-041. (Project Planner: David A. Newell, Associate Planner) David A. Newell, Associate Planner, provided background information as outlined in the staff report dated July 23, 2008. Chairman Hochanadel opened the Public Hearing: -Jack Kurchian, Endure Investments, developer, addressed the design and orientation of the site. Mr. Kurchian provided further details pertaining to landscape berming and hours of operation. There being no further appearances the public hearing was closed. Discussion occurred on potential noise to the adjacent residential homes (air tools and the car wash drying cycle) during the evening hours. Staff noted this area is the main delivery access for The Springs including deliveries for Home Depot. M/S/C (Scott/Vice Chairman Cohen, 5-0, 2 absent Ringlein/Conrad) To approve, subject to Conditions of Approval, as amended: -The hours of operation for the automobile use and car wash facility shall be from7 a.m. to 7 p.m. daily. -Revise Condition 98 (Final Design): Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Planning Commission prior to issuance of a building permit_ Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal- 5 i 3 O4 pA:n; s A� V v k Planning Commission Staff Report Date: July 23, 2008 Case No.: 5.1128 — CUP / 6.501 VAR Type: Conditional Use Permit & Variance Location: Southeast corner of Gene Autry Trail and Mission Drive APN: 677-280-041 Applicant: Geiger, LLC / Endure Investments, LLC General Plan: Regional Commercial Zone: M-1-P (Service / Manufacturing) From: Craig A- Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Associate Planner PROJECT DESCRIPTION The applicant has requested a Conditional Use Permit (CUP) to allow the use of an automobile service station with drive-though facilities and a Variance (VAR) to allow reduced setbacks for the construction of a quick serve automobile service station located at the southeast corner of Gene Autry Trail and Mission Drive, RECOMMENDATION That the Planning Commission approve Conditional Use Permit, Case No. 5,1128, and Variance, Case No. 6.501, including architectural approval, subject to the conditions outlined in the attached draft Resolution. 14 Planning Commission Staff Report July 23, 2008 Case 5,1128—CUP Page 2 of 9 PRIOR ACTIONS On February 26, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed project and voted to restudy the site plan and architecture of the building. On October 8, 2007, the AAC reviewed the revised design and recommended approval to the Planning Commission. BACKGROUND AND SETTING The subject site is an approximately 0.71-acre parcel located at the southeast corner of Gene Autry Trail and Mission Drive. The property is currently vacant and bounded by Mission Drive to the north, Gene Autry Trail to the east, and San Joaquin Drive to the south and west. The surrounding land uses, General Plan and Zoning are listed in Table 1 below: Table 1: Surrounding Land Uses, General Plan and Zoning Land Use _General Plan` Zoning Site Vacant Regional Commercial M-1-P (Planned Research and Development North Vacant Industrial W-M-1-P (Planned Research and Development East Vacant Cathedral City — Low Density Residential South The Springs Regional Commercial M-1-P (Planned Research and Shopping Center I Development West Vacant Industrial I W-A (Airport) The proposed use is an automotive service station with two service bays. The application also includes a car wash facility as a third bay. The car wash will be an automatic machine. The proposed building is rectangular in shape and is approximately 2,483 square feet in size. ANALYSIS General Plan The General Plan designation of the subject site is Regional Commercial. This designation states "Regional Commercial areas are intended to provide for large-scale commercial uses that serve an area larger than the City boundaries...These uses are generally located in areas that will benefit from a higher level of exposure to residents located outside of the City, such as properties located on Ramon Road adjacent to the City limits." The automotive service use will serve an area greater than the City boundaries since it is located on Highway 111 (Gene Autry Trail), a major thoroughfare in the General Plan Circulation element that extends through a majority of the Coachella Valley. T Planning Commission Staff Report July 23, 2008 Case 5.1128—CUP Page 3 of 9 Zoning The site is located within the M-1-P Zone. Pursuant to Section 92.16.01(D)(5) and 92.16.01(D)(6) of the Palm Springs Zoning Code (PSZC), automobile service stations and car wash facilities are permitted uses with the approval of a Conditional Use Permit. Development Standards Table 2: Proposed Project Co m ared to M-1-P Zone Develo ment Standards M-1-P Requirements Proposed Project Minimum Lot Size 60,000 square feet 30,774 square feet Minimum Lot Width 200 feet 96 feet Minimum Lot Depth 200 feet 175 feet Setback — Mission Drive 25 feet w 1 59 feet nearest 10 landscaped Setback— Gene Autry Trail 25 feet 18 feet Setback — San Joaquin Drive 100 feet 4 feet east property line _ Setback -- San Joaquin Drive 25 feet 36 feet south property line) Building Hei ht ^ _ 40 feet 23.5 feet Maximum Lot Coverage 60% 22% The proposed project meets all the requirements of the M-1-P Zone, except setbacks. The applicant has requested a variance to reduce the setbacks along Gene Autry Trail and San Joaquin Drive. Variance As shown in Table 2 above, the applicant is requesting a variance to the required setbacks from the west (Gene Autry Trail) and east (San Joaquin Drive) property lines. In regards to the west property line, the provisions of Section 92.16.03(D)(a) of the PSZC states "Where property in the M-1-P zone abuts a major or secondary thoroughfare which is not a boundary with a residential zone, there shall be a yard abutting such street of not less than twenty-five (25) feet which shall be landscaped and maintained. No portion of this yard shall be used for parking, storage or loading." The applicant has requested that the setback from the west (Gene Autry Trail) property line be a minimum of eighteen feet. In regards to the east property line, the provisions of Section 92.16.03(D)(2) of the PSZC states "Where property in the M-1-P zone abuts a street which is a boundary with e residential zone, there shall be a yard abutting such street of not less than one hundred (100) feet. The twenty-five (25) feet nearest the street shall be landscaped and Planning Commission Staff Report July 23. 2008 Case 5.1128—CUP Page 4 of 9 maintained. The remainder may be used for parking." The applicant has requested that the setback from the east (San Joaquin Drive) property line be a minimum of four feet. The required findings for the Variance application are found below in the Required Findings section. Site Plan/Access The proposed site is an approximately 0.71-acre parcel located on the southeast corner of Gene Autry Trail and Mission Drive. The site plan will consist of one building that is rectangular in shape and situated in a northwest to south east direction on the site. There are two points of access along San Joaquin Drive. These points are located on the east and south property lines. The service bays and car wash have ingress from the east property line and the egress is located on the south property line. Parking Since the proposal is a quick service use for automobile wash and / or service, staff has determined that the automobile service station should be categorized as a car wash use for parking standards analysis. Pursuant to Section 93.06.00(D)(6) of the PSZC, a car wash use requires four (4) spaces and stacking parking equal to five (5) times the capacity of the car wash. The site has eleven parking stalls and when including the vehicle being served /washed, there is stacking for five vehicles for each service / wash bay. Therefore, the applicant meets and exceeds the minimum parking requirements. Architecture The proposed architecture of the building is contemporary in style. The buildings include a variety of materials such as precision masonry block, metals and plaster. The proposed color palette reflects desert tones and consistent with the adjacent Springs Shopping Center. This architecture is also compatible with the existing architectural elements, colors and style that are located in the Springs Shopping Center to the southeast. REQUIRED FINDINGS Section 94.04.00(D)(1-9) of the PSZC provides guidelines for Architectural review of development projects to determine whether the proposed development will provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and colors. Conformance is evaluated, based on consideration of the following: Planning Commission Staff Report July 23, 2008 Case 5,1128-CUP Page 5 of 9 1. 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 AAA rules, including accessible pathways, handicapped parking spaces and vehicular access. 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 proposed building is harmonious with the shopping complex to the southeast because they are also contemporary architecture with similar colors and materials. The consistency of architectural style, similar landscape plant materials and building scale creates harmony with the existing complex and surrounding neighborhood. 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 height of twenty-three and one-half feet, mass of the building and lot coverage are compliant with the requirements of the Palm Springs Zoning Code_ Parking is adequate; the proposed landscape provides adequate screening and shading; and all mechanical equipment will be concealed. 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 building includes a variety of materials such as precision masonry block, metals and plaster. These materials are harmonious with materials in the existing shopping center to the southeast of the site. The proposed color palette reflects desert tones. 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. Emitters will deliver water to each individual plant, therefore practicing water efficient irrigation methods. Planning Commission Staff Report July 23, 2008 Case 5.1128—CUP Page 6 of 9 Variance State law requires four (4) findings be made for the granting of a variance. Staff has analyzed the findings in order below: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The lot has an approximate width of 96 feet, depth of 175 feet and area of 30,175 square feet. The M-1-P Zone requirements for this lot include a width and depth of 200 feet and an area of 60,000 square feet. The lot depth is substandard by approximately thirteen percent, and the lot width and area are substandard by approximately fifty percent. Therefore, the size of the property would deprive the subject property of any development given the setback requirements of the Zoning Code. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. Similar conditions have been imposed on properties within the vicinity. Staff believes that these setbacks have maintained the integrity of the Zoning Code and would not constitute a grant of special privilege that is inconsistent with the limitations placed upon other substandard properties in the vicinity and zone_ 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject properly is situated. Improvements will be made to ensure safety between the building and vehicular areas. A pedestrian sidewalk with thorough width will be provided between the property line and roadways. The variance to allow a reduced setback has not been shown by other properties to be materially detrimental to the public health, safety or welfare, or injurious. 4) The granting of such variance will not adversely affect the general plan of the city. g' Planning Commission Staff Report July 23, 2008 Case 5.1128—CUP Page 7 of 9 The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. Conditional Use Permit 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. Those findings are analyzed by staff in order below: 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 M-1-P Zone. Pursuant to Section 92.16.01(D)(5) and 92.16.01(D)(6) of the Palm Springs Zoning Code (PSZC), automobile service stations and car wash facilities are permitted uses 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 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 Regional Commercial. This designation states "Regional Commercial areas are intended to provide for large- scale commercial uses that serve an area larger than the City boundaries...These uses are generally located in areas that will benefit from a higher level of exposure to residents located outside of the City, such as properties located on Ramon Road adjacent to the City limits." The automotive service use will serve an area greater than the City boundaries since it is located on Highway 111 (Gene Autry Trail), a major thoroughfare in the General Plan Circulation element that extends through a majority of the Coachella Valley. 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 existing parcel does not meet the minimum lot size and dimension requirements; however, the proposed use will have adequate parking and vehicle stacking space. The project will also have a wall surrounding the parking area and landscaping to soften the appearance of the proposed use to those existing and future uses of land in the neighborhood. Therefore, the project site is adequate in size and shape to accommodate the proposed project. Planning Commission Staff Report July 23, 2008 Case 5.1128--CUP Page 8 of 9 A) 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 southeast corner of Gene Autry Trail and Mission Drive and on the northeast corner of Gene Autry Trail and San Joaquin Drive. Gene Autry Trail is a Highway and designated as a Major Thoroughfare on the General Plan Circulation Element_ The site has access from San Joaquin Drive. The proposed location is currently fully improved, including streets, medians, and points of access to the site. 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 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 Palm Springs Zoning Code requirements and to ensure the public health, safety and welfare. ENVIRONMENTAL DETERMINATION This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). 2 Planning Commission Staff Report July 23. 2008 Case 5.1128—CUP Page 9 of 9 NOTIFICATION A notice was mailed to all property owners within a four hundred foot radius in accordance with state law. As of the writing of this staff report, staff has received no comments from the public. David A. Newell 'r Ig A. E A111CP Associate Planner Director of Planning Services ments: �' 400' lus Ma - Draft Res- '�io7t-&Conditions of Approval Re. ced Site PI n aln --Iov�ns 2< RESOLUTION NO. 7153 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBERS 5.1128-CUP AND 6.501- VAR, FOR THE CONSTRUCTION AND USE OF AN AUTOMOBILE SERVICE STATION AND VARIANCE FOR REDUCED SETBACKS FOR A VACANT LOT LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND MISSION DRIVE, M-1-P ZONE, SECTION 17_ WHEREAS, Geiger, LLC / Endure Investments, LLC ("Applicant") filed an application with the City pursuant to Section 94.02.00 and 94.06.00 of the Palm Springs Zoning Code (PSZC) for a Conditional Use Permit and Variance to allow the construction and use of a automobile service station with reduced setbacks located at the southeast comer of Gene Autry Trail and Mission Drive (APN 677-280-041), Zone M-1-P, Section 17; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider application for Conditional Use Permit 5.1128 and Variance 6.501 was issued in accordance with applicable law; and WHEREAS, on July 23, 2008, the public hearing on the application for Conditional Use Permit 5.1128 and Variance 6.501 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 Planning Commission finds that Case No. 5.1128-CUP and Case No. 6.501- VAR are Categorical Exceptions under Section 15332 in-fill developments. The Planning Commission further fords that there are no reasonably foreseeable potentially significant environmental impacts resulting from this project. Section 2: Pursuant to Section 94.04.00 of the PSZC "Architectural Review Guidelines", the Planning Commission finds the following: 1. 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 Planning Commission Resole n No. 7153 July 23, 2008 Case No, 5-1128 CUP/6.501 VAR Page 2 of 6 accessible pathways, handicapped parking spaces and vehicular access. 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 proposed building is harmonious with the shopping complex to the southeast because they are also contemporary architecture with similar colors and materials. The consistency of architectural style, similar landscape plant materials and building scale creates harmony with the existing complex and surrounding neighborhood. 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 height of twenty-three and one-half feet, mass of the building and lot coverage are compliant with the requirements of the Palm Springs Zoning Code. Parking is adequate; the proposed landscape provides adequate screening and shading; and all mechanical equipment will be concealed. 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 building includes a variety of materials such as precision masonry block, metals and plaster. These materials are harmonious with materials in the existing shopping center to the southeast of the site. The proposed color palette reflects desert tones. 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. Emitters will deliver water to each individual plant, therefore practicing water efficient irrigation methods. 24 Planning Commission Rest on No. 7153 July 23, 2008 Case No. 5.1128 CUP/6.501 VAR Page 3 of 6 Section 3: The Conditional Use Permit process outlined in Section 94.02.00 of the Palm Springs Zoning Code (PSZC) 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 M-1-P Zone. Pursuant to Section 92.16.01(D)(5) and 92.16.01(D)(6) of the Palm Springs Zoning Code (PSZC), automobile service stations and car wash facilities are permitted uses 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 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 Regional Commercial. This designation states "Regional Commercial areas are intended to provide for large-scale commercial uses that serve an area larger than the City boundaries...These uses are generally located in areas that will benefit from a higher level of exposure to residents located outside of the City, such as properties located on Ramon Road adjacent to the City limits_" The automotive service use will serve an area greater than the City boundaries since it is located on Highway 111 (Gene Autry Trail), a major thoroughfare in the General Plan Circulation element that extends through a majority of the Coachella Valley. 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 existing parcel does not meet the minimum lot size and dimension requirements; however, the proposed use will have adequate parking and vehicle stacking space. The project will also have a wall surrounding the parking area and landscaping to soften the appearance of the proposed use to those existing and future uses of land in the neighborhood. Therefore, the project site is adequate in size and shape to accommodate the proposed project. 25 Planning Commission Resol n No. 7153 July 23, 2008 Case No. 5.1128 CUP 16.501 VAR Page A of 6 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 southeast corner of Gene Autry Trail and Mission Drive and on the northeast corner of Gene Autry Trail and San Joaquin Drive. Gene Autry Trail is a Highway and designated as a Major Thoroughfare on the General Plan Circulation Element. The site has access from San Joaquin Drive. The proposed location is currently fully improved, including streets, medians, and points of access to the site 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 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 effrclent 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 Palm Springs Zoning Code requirements and to ensure the public health, p h a th, safety and welfare. Section 4: State law requires four (4) findings be made for the granting of a variance. Pursuant to Section 94.O6.00(B) of the PSZC, the Planning Commission made the following findings. Planning Commission Resc m No. 7153 July 23, 2008 Case No. 5.1128 CUP 16.501 VAR Page 5 of 6 9. Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The lot has an approximate width of 96 feet, depth of 175 feet and area of 30,175 square feet. The M-1 P Zone requirements for this lot include a width and depth of 200 feet and an area of 60,000 square feet. The lot depth is substandard by approximately thirteen percent, and the lot width and area are substandard by approximately fifty percent. Therefore, the size of the property would deprive the subject property of any development given the setback requirements of the Zoning Code- 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. Similar conditions have been imposed on properties within the vicinity. Staff believes that these setbacks have maintained the integrity of the Zoning Cade and would not constitute a grant of special privilege that is inconsistent with the limitations placed upon other substandard properties in the vicinity and zone. 3. The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. Improvements will be made to ensure safety between the building and vehicular areas. A pedestrian sidewalk with thorough width will be provided between the property line and roadways. The variance to allow a reduced setback has not been shown by other properties to be materially detrimental to the public health, safety or welfare, or injurious. 4. The granting of such variance will not adversely affect the general plan of the city_ The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. �7 4- Planning Commission Resolu.on No. 7153 July 23, 2008 Case No. 5.1128 CUP/5.501 VAR Page 6 of 6 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.1128 and Variance 6.501, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 23r6 day of July, 2008. AYES: 5, Scott, Cohen, Hochanadel, Caffery and Donenfeld NOES: None. ABSENT: 2, Ringlein and Conrad ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA i ing, AICP Dir f Planni ervices P J, f7) ,�:(l24 cacP ` EXHIBIT r s - _soyy�.'a "Imn '_I r� Case No. 5.1128 CUP & 6.501 VAR A'3c Southeast Corner of Gene Autry Trail & Mission• rivP>'�_� r r ;wdr,„1 July 23, 2008 ,� Ca;niL u�spnvt ,i� r w E7 C6V�3il+��id5 e�°�` 6oG'JCg�: 'wG7Wl 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 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. PROJECT SPECIFIC CONDITIONS 1. The hours of operation for the automobile service use and car wash facility shall be from 7 a.m. to 7 p.m. daily. 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. 2. The applicant/owner shall notify the Director of Planning Services 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. 3. 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 and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other Planning commission COAs July 23, 2008 Case 5.1128 CUP &6.501 VAR Page 2 of 14 City Codes, ordinances and resolutions which supplement the zoning district - _ - regulations. 2. The. owner shall defend, indemnify, and hold harmless the City of Palm Springs, -"Its agelits, 'ofFicers, and employees from any claim, action, or proceeding against •w '° " .t;be„Cty 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 5.1128 CUP & 6.501 VAR. 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 applicants 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. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation 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. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing- 5- The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair Planning Commission COAs July 23, 2008 Case 5.1128 CUP &6.501 VAR Page 3 of 14 market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit give by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). Cultural Resources 6. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 7. Given that portions of the project area are within an alluvial formation, the passibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a. Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site recordslupdates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. ;�f Planning Commission COAs July 23, 2008 Case 5.1128 CUP & 6,501 VAR Page 4 of 14 Final Design 8. Final landscaping5 irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Planning Commission prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioners Office prior to submittal, 9. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 10. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provided all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 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. The appeal period for a Variance application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 13. Prior to issuance of a building permit, 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. 14. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 15. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official_ Refer to Chapter 8.50 of the Municipal Code for specific requirements. 22 Planning Commission COAs July 23, 2008 Case 5.1128 CUP & 6.501 VAR Page 5 of 14 16. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 18. All materials on the flat portions of the roof shall be earth tone in color. 19. All awnings shall be maintained and periodically cleaned. 20. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 21. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 22. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.OD.D. 23. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 24_ The street address numbering/lettering shall not exceed eight inches in height. 25. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 26. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 27. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 28. 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. 3 Planning Commission CCAs July 23, 2008 Case 5.1128 CUP&6.501 VAR Page 6 of 14 29. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 30, The applicant shall provide all tenants with Conditions of Approval of this project. 31. Loading space facilities shall be provided in accordance with Section 93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 33. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 34, Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.CA 0_ 35. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 36. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 37. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 38_ Shading requirements for parking lot areas as set forth in Section 93,06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 14 Planning Commission COAs July 23, 2008 Case 5,1128 CUP & 6,501 VAR Page 7 of 14 39. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 40. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide- 41. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 1. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 2. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 3. Fire Hydrant Flow: The required fire hydrant flow for this project is 1,000 GPM. 4. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 5. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps- Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. 6. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). A field analysis of existing hydrants has not been conducted to verify hydrant location or availability. This comment is included to make you aware that additional fire hydrants may be required. Planning Commission COAs July 23, 2008 Case 5.1128 CUP & 6.501 VAR Page 8 of 14 7. Location of Fire Department Connections: The connection inlets must face the street, and`be located on the street side of the building. The face of the inlets shall be 18 inches horizontal From the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. 8. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white. Sign format will be substantially as follows: F_ D. C_ SERVES 425 S. SUNRISE WAY ALL BLDGS. IN COMPLEX 9. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.) All control valves shall be locked in the open position. Valve and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. (1003.3.1 CFC) 10. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of Floor or grade travel distance for normal hazards. Fire Extinguishers must be present in both the lobby area and the oil change area. Show proposed extinguisher locations on the plans. (1002.1 CFC) 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. 11. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 12. Audible Water Flow Alarms: An approved audible sprinkler Flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. An approved audible sprinkler Flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) Planning Commission COAs July 23, 2008 Case 5,1128 CUP& 6.501 VAR Page 9 of 14 13, Emergency Key Box: Knox key box(es) are required. Box(es) shall be mounted at 6 feet above grade. Show location of box(es) on plan elevation views. Show requirement in plan notes. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 14. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 15. 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. 16. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. 17. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. ENGINEERING DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. The Engineering Division requirements for this project were initially stated in our memorandum to the Director of Planning and Zoning dated September 29, 2005, for approval of Planned Development to construct a neighborhood commercial shopping center located at 5000 and 5200 East Ramon Road and 112 North Gene Autry Trail (APN 677-420-032, 033 and 034 and 677-280-041) Case No. 5.0984, PD 291, E-3248. Said requirements shall remain in effect in addition to the following conditions listed below. 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. Planning Commission COAs July 23, 2008 Case 5.1128 CUP& 6.501 VAR Page 10 of 14 2. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of a building permit. 3_ Existing street plans approved for Parcel Map 31968 for Gene Autry Trail, Mission Road and San Joaquin Road are approved and on file (see Files 18-4-5- 82 through 85 approved 6/12/2006). GENE AUTRY TRAIL 4. All street improvements to be completed by the developer of Parcel Map 31968 in accordance with the approved conditions of approval. In the event that said street improvements have not been completed prior to the issuance of a Certificate of Occupancy, said improvements shall be constructed by applicant. 5. All broken or off grade street improvements shall be repaired or replaced. MISSION ROAD 6. All street improvements to be completed by the developer of Parcel Map 31968 in accordance with the approved conditions of approval. In the event that said street improvements have not been completed prior to the issuance of a Certificate of Occupancy, said improvements shall be constructed by applicant. 7. All broken or off grade street improvements shall be repaired or replaced. SAN JOAQUIN ROAD 8. All street improvements to be completed by the developer of Parcel Map 31968 in accordance with the approved conditions of approval. In the event that said street improvements have not been completed prior to the issuance of a Certificate of Occupancy, said improvements shall be constructed by applicant. 9. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 10. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING 11. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise I Planning Commission COAs July 23, 2008 Case 5,1128 CUP &6.501 VAR Page 11 of 14 Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures' as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving plan. b. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval, a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report. 12. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 13, A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. Planning Commission COAs July 23, 2008 Case 5,1128 CUP &6 501 VAR Page 12 of 14 14. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 15. 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. 16. 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). 17. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 4117.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 18. The minimum pavement section for all on-site pavement shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 05% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall Planning Commission COAs July 23. 2008 Case 5.1128 CUP & 0.501 VAR Page 13 of 14 be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. GENERAL 19. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 20. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any subsequent phases or elements of construction that might require Tribal monitoring, If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 21. All r p opased utility lines shall be installed underground. 22. All existing utilities shall be shown on the improvement plans required for the project_ The existing and proposed service laterals shall be shown from the main line to the property line. 23. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG 4l 1 Planning Commission COAs July 23, 2008 Case 5.1128 CUP& 6 501 VAR Page 14 of 14 (AutoCAD 2004 drawing file), DXF (Auto CAD ASCII drawing exchange file), and PDF (Adobe Acrobat (3.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 24, The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction_ 25. Nothing shall be constructed or planted in the corner cut-off area of any 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_ 26. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. TRAFFIC 27. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development_ Minimum clearance on public sidewalks shall be provided by widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property. 28. Construction signing, lighting and barricading shall be provided for on all projects 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 State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 29. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS 44 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION J CITY CLERK'S DEPARTMENT James Thompson, City Clerk Meeting Date: September 17, 2008 Subject: Appeal by Endure Investments, LLC (EZ Lube) AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 3, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (30 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Public Hearing Notice was published in the Desert Sun on September 6, 2008. 1 �d/e�c�lareyunnder penalty of perjury that the foregoing is true and correct. {64 Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 3, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. olores Strickstei Secretary PROOF OF PUBLICATION This is space For County Clerks Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside Np.3121 - --- - - -- NOTICE OF PUBLIC NEARING CITY OF PALM SPRINGS APPEAL CASE 5.1126 CONDITIONAL USE PERT I am a citizen of tilt United States and a resident Of AND 8.601 VARIANCE SECOFGENEARVTRAIL RdT r the County aforesaid;I am Over the age of eighteen - AND-MISSION-I years,and not a party to or interested in the NOTICE IS HEREBY GIVEN that the CIry Council of above-cntitled matter.I am the principal cleric of a the CIry of Palm Spina California will hold a public printer of the,DESERT SUN PUBLISHING hearing at its mnmmg ogl Septembd 17, 2006 Thu P CIry Council meebr1 'begins at 6 00'p m In the Council- COMPANY a newspaper of general circulation Chamber at City Fait 3200 East Tahqultz Canyon g r Way,Palm Springs, printed and published in the city of Palm Springs, The purpose of this hearing Is to consider an apgoal by County of Riverside,and which newspaper has been Ensure Investments, LLC of the Pluntin Commis• adjudged a newspaper of general circulation by the use Pe"It to allow me oper606 a Pon of an�automobi e Superior Court Of the County of Riverside,State of aurvlce station(EZ Laos)with dnve-through facilities and a variance to reduce setbacks regGiremenei[seat- California under the date of March 24,1988.Case so at the southeast comer of Gene Aalry Trill and Mils- Number 191236;that the notice,of which the sion Road annexed is a printed copy(set in type not smaller T�e—u..M:"t• �- than non pariel,has been published in each regular x- _ and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: ; September 6d',2008 �I i All in the year 2008 certify(or declare)under penalty of perjury that the foregoing is true and correct. -- Dated at Palm Springs,California this---8`a,---dayENVIRONMENTAL DETERMINATION- This pro]itctIs:'cete orlcallyy exemppt from envi onmenlal re- view pureusin oSee lion 15332(Class-32-In-FIII DC- I vOla�menl)of the California Environmental Quality Act —of----- -- September----- --_--_,2008 (CE A), _ REVIEW OF PROJECT INFORMATION: Tile staff mood and other support documonl.rogardmp r= — this manor are available for pugllc review at CIry Hall' between Me houre of a 00 e m and 5.00 p m Monday Ihrpugh Fride.Please contact the QlflCe of the Clll, Clerk at pG0N16204 if you would like to schedule an appointment se intment to review the documents W v' Y Lcf COMMENT ON THIS APPLICATION: Rosponw �,,,,«'• d J to this notice may be made verbally at the Public Hear- Ing and/or In wit before the hearing.Written com- �'-� moms may be ma 'a to one Clly Carried by lutlur(for ;�•� r]•, mall or hand delivery)to: ''fit '�— ' James Thompson Ply Clerk 3200 E Tahquitz Canyyon Way Perm Springs CA g2262 ` Anyy challenga of the proposed project in court may be © -� Ilmnad tp ra sing only those Issues raised at the public C� I hearing described In this notice, or In written CorrC- Il1 spondence delivered to the City Clerk at,or prior to the public hearing. (Government Code Secion 650o9ltj]) An opportunity will be given al.,aid hoar• ing for al interested persons to be heard.Questiooe rs- garding this case may be directed to Devld A.Newell, Planting Serves$Dopartmunl at(700)023.8245 SI neceslta eyuda con esta cane,podavor llama a to Ciudad de Palm Springs y puede hablar con Nadine Fiager telefono(760)323-y245. James Thompson City Clerk Published:11WIMS NEIGHBORHOOD COALITION REPS MR PETE MORUZZI Case 5.1128 CUP/EA MODCOM AND PALM SPRINGS MODERN COMMITTEE FZ LUBE HISTORIC SITE REP I 1 1 PO BOX 4738 PHN for CC Meeting 09.17,08 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1128 CUP/EA VERIFICATION NOTICE I I I ATTN SECRETARY MRS.JOANNE BRUGGEMANS PO BOX 2743 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS I I 1 I 1 1 777 E.TAHOUITZ CANYON WAY, #301 PALM SPRINGS, CA 92262 MR JOHN CARROLL SPONSORS GEIGER, LLC 1888 CENTURY PARK EAT, SUITE 450 LOS ANGELES, CA 90067 009613651 677280038 677280040 PALM SPRINGS FBO TWO LLC CITY OF PALM SPRINGS CITY OF PALM SPRINGS 145 S GENE AUTRY TRL PO BOX 2743 PO BOX 2743 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 PALM SPRINGS, CA 92263 677280041 677391001 677381002 ENDURE INVESTMENTS LLC VISOSO,AGUSTINA CASTRO,OSBALDO&ROSA PO BOX 5357 31297 SAN ANTONIO DR 31319 SAN ANTONIO DR BEVERLY IIILLS,CA 90209 CATHEDRAL,CITY,CA 92234 CATHEDRAL CITY, CA 92234 677381003 677381004 677381005 TR-ElOjOSL& MARIA MONTESDEOCA,FERNANDQ B ACOSTA,ROSA E 31351 SAN ANTONIO DR YOLANDA 67026 MISSION DR CATHFDRAL CITY, CA 92234 31391 SAN ANTONIO DR CATHEDRAL DR CA 92234 CATIIEDILAL CITY,CA 92234 677381006 677381007 677381008 REDEVELOPMENT AGENCY CITY OF RECENDFZ,ANTONIO &ZLNAIDA SCIIWEIZER,EDWARD S & SUZAN CATHEDRAL CITY 31350 SAN JOAQUIN DR L 68700 AVENIDA LALO GUERRERO CATHEDRAL CITY CA 92234 PO BOX 711 , CATHEDRAL CY,CA 92234 CHESAPEAKE CY,MD 21915 677281009 677382002 677382003 MUNOZ,EDUARDO PRANZ,SYLV IA LOPEZ,LUIS 31298 SAN JOAQUIN DR PO BOX 1635 66126 1ST ST CATHEDRAL CITY,CA 92234 CATHEDRAL CITY, CA 92235 DESERT HOT SPRINGS, CA 92240 677382004 677382005 677383001 MENDEZ,R0.UL&LETICIA CATHEDRAL CITY REDEVELOPMENT CATHEDRAL CITY 31390 SAN ANTONIO DR AGENCY REDEVELOPMENT AGENCY CATHEDRAL CITY, CA 92234 35325 DATE PALM DR 136 PO BOX 5001 CATHEDRAL CITY,CA 92234 CATHEDRAL CITY,CA 92235 677383002 677383003 677383004 CATHEDRAL CITY REDEVELOPMENT R1VAS,ARMAND0&COFA MARTINEZ,GEORGB C ETAL AGENCY 67047 MISSION DR 246 N ORANGE GROVE BLVD PO BOX 5001 CATHEDRAL CITY,CA 92235 CATHEDRAL CITY,CA 92234 PASADENA,CA 91103 677383005 677420032 677420034 COTA,AURORA ENDURE INVESTMF.NT.S LLC ENDURE INV 32390 PUEBLO TRL PO BOX 5357 9171 WILSHIRE BLVD CATHEDRAL CITY, CA 92234 BEVERLY IIILLS, CA 90209 BEVERLY HILLS, CA 90210 677540001 WESSMAN HOLDINGS 300 S PALM CANYON DR PALM SPRINGS,CA 92262 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS APPEAL CASE 5.1128 CONDITIONAL USE PERMIT AND 6.501 VARIANCE GEIGER, LLC SEC OF GENE. AUTRY TRAIL AND MISSION ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 17, 2008. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an appeal by Endure Investments, LLC, of the Planning Commission's action on July 23, 2008, approving a Conditional Use Permit to allow the operation of an automobile service station (EZ Lube) with drive-through facilities and a variance to reduce setbacks requirements located at the southeast corner of Gene Autry Trail and Mission Road. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this matter are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (far mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][2]), An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David A. Newell, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk Z.4 N Department of Planning Services W+E Vicinity Map s MIS SON_ t3 V3 S21 Z m G Legend M site r__j400R Radius D RAMON RD RAMON RD CITY OF PALM SPRINGS CASE NO: 5.1128 CUP, DESCRIPTION: To consider an appeal by Endure 6.501 VAR Investments, LLC, of the Planning Commission's action on July 23, 2008, approving a Conditional Use APPLICANT: Geiger, LLC Permit to allow the operation of an automobile service station with drive-through facilities and a Variance to reduce setbacks located at the southeast corner of Gene Autry Trail and Mission Road. ENDURE INVESTMENTS, LLC August 8,2008 Mr, Craig Ewing Planning Director City of Pahn Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92263-2743 RE: EZ Lubc—250 S. Gene Autry Trail—Planning Commission Dear Craig: In addition to our July 29"' letter we would lilac to inform you the Conditions wu wish to appeal to the City Council are the hours of operation for the business and car wash. We look forward to working with you and your staff to get these issues resolved. Respectfully, ack ICutchian pHf�N"gomwess 1888 Century Park Gast, Suite 450 Los Angeles,CA 90067 6MIMU14 Gt Phone: 310247.0900—Fax 310 247-1525 f ENDURE INVESTMENTS, LLC July 29,2008 Mr. Craig Ewing Planning Director City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92263-2743 RE: EZ 1 ubc—250 5. Gene Autry frail—Planning Commission Dear Craig: We appreciate the efforts you and your staff have put forth for out projects in your city. We believe you have appropriately assessed the impacts of the project and agree with your findings in the staff report. However, the changes made to the staff report by the Planning Conunission make it difficult for E:Z Lube to compete in their competitive industty. Therefore we would like to appeal the revisions made by the Planning Commission to the City Council. Attached is a check to cover the costs associated with dus appeal. Res ectfully, fack Kurchian RECEIVED JUL 31 2008 PLANNING SERVICES Cy 1888 Century Park East, Suite 450 Los Angeles, CA 90067 DEPARTMENT Phone: 110247.0900—Fax 310.247-1525 v5 ,l 1 _� ui e r PERMIT CENTER /977 •,.,� ' CITY OF PALM SPRINGS CASE#: NAME APN3 ADDRESS ' 5.1128 CUP Appeal Endure Investments, LLC 677-280-041 SEC Gene Autry Trail&Mission Drive ZONING FEES ACCT 9001-32212 CAL FISH AND GAMF DFPOSIT#i60-37i05 CHANGE OF ZONE APPLICATION $0.00 NEGATIVE DECLARATION PRE APP FEE F$0-00-7 MITIGATED NEG DECLARATION CONDITIONAL USE PERMIT $0.00 ENVIRONMENTAL IMPACT REPORT PLANNED DEVELOPMENT $0.00 FILING FEE DISTRICT APPLICATION FEE FINAL DEVELOPMENT PLAN FEE $O.DO CC AND R DEPOSIT f0.00 VARIANCE APPLICATION FEE $D.00 MISCELLANEOUS FEE INCLUDES SIGN VARIANCE TIME EXTENSION FEES MISCELLANEOUS FEES $520.00 MISCELLANEOUS FILING FEES ACCT#001-34303 MISCELLANEOUS FEES ARCHITECTURAL APPROVAL FEE 0.00 SIGN #001-32205 ADMINISTRATIVE MINOR MODIFICATION FEES IN LIEU OF#137.-34359 PLAN CHECKS PLANNING FEE $0.00 R V #001-32210 PLANNING CC AND R 0.00 MISCELLANEOUS#001-34106 0.00 MISCELLANEOUS FEES $436.18 MICROFILM/MISCELLANEOUS $26.00 #001-34308 5U8DIVX9XON FEES ACCT#001-3221 OTHER MISC TENTATIVE MAPS FEES FINAL MAPS FEES LOT LINE AD]/CERT OF COMPLIANCE FEE ENVIRONMENTAL ASSESSMENT FEE MISCELLANEOUS FEE TOTAL FEES) S48Z.18 The acceptance of an application or of a fee is not an entitlement or a permit to construct,change or alter any portion of the property described in the application. RECEIVE R M CEIVED BY DATE ' 7/31/2008 ❑ mer ElCashier LJ Finance ❑ Planning