HomeMy WebLinkAboutRes No 2664PLANNING COMMISSION RESOLUTION NO. 2664
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (CUP) FOR THE PLACEMENT OF A DONATION RECYCLING
STATION WITHIN THE WESTFIELD PALM DESERT PARKING LOT
LOCATED AT 72-840 HIGHWAY 111
CASE NO: CUP 16-011
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of March 2016, hold a duly noticed public hearing to consider the request
by the Green Education Foundation for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
review the request in accordance with Palm Desert Municipal Code Section 25.72.020
"Use Determinations" and Section 25.72.050 "Conditional Use Permits" and determined
that similar types of uses, including recycling collection centers, exist within the City and
are compatible with larger commercial shopping centers; and
WHEREAS, the City Council of the City of Palm Desert, has adopted the "City of
Palm Desert Environmental Sustainability Plan" on February 11, 2010, which contains
goals to increase the City's diversion rate into local landfills and that this proposal will
aid in achieving this goal; 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. 2015-75, the Director of Community Development has determined that
the project will not have a negative impact on the environment and qualifies as a Class
32 Categorical Exemption for the purposes of CEQA; 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 to 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 the
site is located.
The zoning designation for this property is Planned Regional Commercial
(P. C.3), which allows for a wide range of principal and accessory commercial
land uses. Other similar types of accessory commercial uses, including recycling
collection centers, are located in these types of zoning districts because of
excess parking and convenience for residents. This particular location is well
PLANNING COMMISSION RESOLUTION NO. 2664
suited for a donation center as it is located in an area frequently underutilized by
vehicle parking, and does not impact vehicle traffic or circulation at the site. On -
site and remote monitoring of the site ensures that problems such as debris,
vandalism and graffiti, are addressed immediately.
2. That the proposed location of the conditional use and the conditions under which
it would 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.
The placement of the donation station, at this location, will not impact pedestrian
or vehicular patterns at the shopping center. The site is monitored via on -site
security and 24-hour video surveillance. All vandalism, debris, or graffiti can be
responded to and removed by mall security and the applicant within 24 hours. In
addition, the facility is screened by an existing block wall and landscape, and will
be minimally visible to surrounding residential properties. Nothing in this proposal
is considered to materially impact the public health, safety, or welfare.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed facility is similar to uses within other commercial shopping districts.
The facility complies with the development standards for the Planned Regional
Commercial zoning district in that the structure is setback from the property line
at a distance equal to its height, and that the height of the structure does not
exceed the height permitted by the zoning district. The placement of the facility
does not impede vehicular or pedestrian mobility through the site and no
variance or adjustments apply to this proposal.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's general plan.
The proposed donation station complies with the goals and objectives of the City's
General Plan and the Palm Desert Environmental Sustainability Plan. The facility is
integrated well into the existing 62-acre regional mall site, does not interfere with
vehicular or pedestrian circulation, and compliments the surrounding commercial
and automotive uses in the vicinity. In addition, the facility is conveniently located to
meet the community's needs and does not disrupt existing operations at the mall
site.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
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PLANNING COMMISSION RESOLUTION NO. 2664
2. That the Planning Commission does hereby approve Conditional Use Permit
16-011, subject to conditions attached.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 1st day of March 2016, by
the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2664
CONDITIONS OF APPROVAL
CASE NO. CUP 16-011
Department of Community Development:
1. The improvements, placement, and design of the donation and recycling station
shall substantially conform to the exhibits on file with the Department of Community
Development, as modified by the following conditions.
2. Any proposed changes to this CUP will require an amendment, which will result in a
new public hearing.
3. The placement of the donation station shall not interfere with vehicular traffic
patterns at the site.
4. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
• City Fire Marshall
• Department of Building and Safety
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building and Safety at the time of issuance of a building permit for
the use contemplated.
5. The applicant shall monitor the site 24 hours a day either remotely or in person. All
debris, graffiti, and left out items shall be cleared and removed from the site within
24 hours.
6. Any and all lighting shall conform to P.D.M.C. Section 24.16 "Outdoor Lighting
Requirements."
Building Department:
7. This project shall comply with the latest adopted edition of the following codes:
A. 2013 California Building Code and its appendices and standards.
B. 2013 California Plumbing Code and its appendices and standards.
C. 2013 California Mechanical Code and its appendices and standards.
D. 2013 California Electrical Code.
E. 2013 California Energy Code.
F. 2013 California Green Building Standards Code.
G. Title 24, California Code of Regulations.
H. 2013 California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2664
8. A disabled access overlay of the precise grading plan is required to be submitted to
the Department of Building and Safety for plan review of the site accessibility
requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
9. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
10.AII contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
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