Loading...
HomeMy WebLinkAboutRes No 2573PLANNING COMMISSION RESOLUTION NO. 2573 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE TO OPERATE A 192 SQUARE -FOOT RECYCLING BIN LOCATED BEHIND VONS GROCERY STORE WITHIN THE LOADING DOCK AREA AT 72-675 HIGHWAY 111. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15t" day of November, 2011, hold a duly noticed public hearing to consider the request by Nexcycle for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No.10-26, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that the application is a Class 3 Categorical Exemption for purposes of CEQA, and therefore no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons exist to justify the approval of said request: Findings of Approval: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which it is located. The proposed location is in a General Commercial zone. The purpose of this district is to provide specialty and general shopping facilities. Chapter 25,26 Commercial Districts purpose states to provide appropriately located areas for retail stores, offices, service establishments, and businesses, offering commodities and services required by residents of the city and its surrounding market area. The proposed recycling center is located in an approved commercial center and market area and is compatible with this type of use since it offers a service to the community. Staff has placed more restrictive conditions of approval on the project that limits left over trash, bottles, and other debris on -site; along with pressure washing the loading dock area after the recycling bin is closed, to ensure the area is maintained. The proposed location of the recycling bin is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 2573 The recycling bin meets all applicable requirements of the Zoning Ordinance and will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity if operated as conditioned. Conditions of Approval have been placed on the recycling bin to ensure that the recycling bin and area will be maintained in a professional manner; no more than four vehicles are allowed at one time in the loading dock area; the applicant must pressure wash the asphalt every day before closing; and the applicant is responsible for cleaning the area of trash, left over bottles, and other debris within thirty minutes of the close of business within the loading dock area. The recycling bin is likely to improve public health and welfare by reducing debris and littering. The location of the recycling bin is within an existing shopping center, and off of a major street. The recycling bin will reduce the overall need to manufacture greater numbers of bottles and cans. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances or adjustments. The proposed use is consistent with the applicable provisions of the Zoning Ordinance. The recycling bin is located behind an approved market within the loading dock area adjacent to El Paseo. The loading dock area slopes down significantly from El Paseo and is screened by an 18-foot high block wall. The recycling bin is not visible from vehicles or pedestrians traveling west along El Paseo, and slightly visible traveling east along El Paseo. Parking is adequate for the proposed activity, number of staff and customers anticipated. Conditions of Approval have been placed on the recycling bin to ensure that maintenance of the bin and area will be maintained in a professional manner. No variances or adjustments are necessary for the project. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The general plan land use designation for the site is "Regional Community". A primary objective stated in the Land Use Element of the General Plan under Commercial Goals, Policies and Programs is Goal 1, which provides for an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents and tourists. Policy 1 of the General Plan Land Use Element requires a sufficient amount of lands be designated and provide a full range of conveniently located services to neighborhood and regional residents. The Circulation Element of the General Plan is meant to address and ensure that transportation issues are attended to in a manner that limits aversion and enhances positive impacts. The Circulation Element also 2 PLANNING COMMISSION RESOLUTION NO. 2573 establishes and directs actions to maintain acceptable levels of service on all community roadways. The goal of the City is to carefully review projects to assure that neighborhood character is protected. A recycling bin is suited at this site since the General Plan allows commercial uses, and is located in an area that will not impact the neighborhood or businesses in the area. The recycling bin currently exists and would protect residential neighborhoods from traffic and parking impacts, as well as preserve safety for residents. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of a recycling center in the proposed location. The business is compatible with surrounding land uses, and is effectively located in an area where it will not cause any disturbances to adjacent businesses. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby grant approval of Conditional Use Permit 11-337, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 151h day of November 2011, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, TANNER, DASH, LIMONT NOES: ABSENT: ABSTAIN: SONIA CAMPBELL, Chairperson ATTEST: f „ LAURI AYLAIAN, Secretary CONDITIONS OF APPROVAL 3 PLANNING COMMISSION RESOLUTION NO. 2573 CASE NO. CUP 11-337 Department of Community Development: 1 The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force 3. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 4. From October through May, the recycling bin operates seven days a week, between the hours of 10:00 a.m. and 4:30 p.m., and closes for lunch from 1:00 p.m. to 1:30. From June through September the recycling bin will operate Sunday through Wednesday between the hours of 8:00 a.m. and 2:00 p.m. and close for lunch from 11:00 a.m. to 11:30 a.m.11:00 a.m. to midnight. Monday through Sunday. 5. No more than four vehicles are allowed at one time in the loading dock area. The applicant must pressure wash the loading dock asphalt every day before closing. 7. The business owner is responsible for cleaning the area of trash, left over bottles, and other debris within thirty minutes of the close of business within the loading dock area. The recycling bin shall have a maximum of one employee. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 4