HomeMy WebLinkAboutRes No 2676PLANNING COMMISSION RESOLUTION NO. 2676
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AND APPROVING A REQUEST TO DEMOLISH AN EXISTING FUEL
STATION AND CONSTRUCT A NEW 5,400-SQUARE-FOOT MARKET AND
FUELING STATION CANOPY FOR TOWER MARKET LOCATED AT 73-801
HIGHWAY 111
CASE NO: PP/CUP 16-180
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of August, 2016, hold a duly noticed public hearing to consider the request by
Tower Energy, for approval of the above noted; and
WHEREAS, the parcel is located in the General Commercial (C-1) zoning district,
which allows various types of commercial uses and lists "automobile service stations" as
conditionally permitted uses; and
WHEREAS, the proposed project conforms to the development standards and
maximum building heights listed in the City's Zoning Ordinance for the General
Commercial zoning district; and
WHEREAS, the construction of this project within this portion of the community is
consistent with the historic uses of the property and surrounding properties, in that a mix of
commercial and automotive services exists in the immediate vicinity;
WHEREAS, said applications have 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 make the following findings to justify the approval of said request:
Findings for Approval:
1. That the proposed location of the conditional use is in accord with the objectives
of this title and the purpose of the district in which the site is located.
The purpose of the General Commercial (C-1) zoning district is to provide a
principal core area where a series of specialty and general commercial shopping
facilities serve the needs of a resort community and City residents. These
specialized and general commercial facilities should offer a wide range of
services that benefit the City and its residents, and as such, the zoning
ordinance permit flexibility in land use decisions by providing a range of land
uses to be considered through a Conditional Use Permit. The proposal to
PLANNING COMMISSION RESOLUTION NO. 2676
develop an automotive service station at this location complies with the City's
goals and the objective of the zoning ordinance. The project is less intense than
the existing automotive service station and automotive repair facility, and the
update to the site design is in accordance with the vision for the Highway 111
corridor.
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 proposed location and development of this project at this site will be
monitored by an on -site manager. Maintenance issues or complaints regarding
operations at the site can be addressed on -site. As designed, and as
conditioned, the project will not be detrimental to the public health, safety, or
welfare, as the project is designed below the maximum height permitted by the
zone, contains sufficient landscape screening to limit visual impacts on
surrounding streets, and provides adequate off-street parking. In addition, there
is no automotive repair associated with the proposal and noxious impacts
created by such a use will no longer be present.
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 development complies with all provisions of P.D.M.C. Section
25.72.050 "Conditional Use Permit" and Section 25.34.090 "Automotive Service
Stations" with the exception of special project setbacks. Per Section 25.34.090,
buildings shall be setback 18 feet from interior property lines; however, the new
market building is located within two feet of the interior property line. An
exception to this standard is warranted as it allows for a proper site design that
includes screening, efficient and safe vehicular access, and is more in line with
the City's General Plan update and vision for the Highway 111 corridor. By
approving an adjustment to this standard, the market building will be in -line with
adjacent commercial buildings and allows for a consistent building massing
along the Highway 111 corridor.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
The proposed development complies with the goals and objectives of the City's
General Plan and the Commercial Core Area Specific Plan, which advocates for
the updating of existing buildings and landscape along the Highway 111 corridor.
The architectural quality of the new building and canopy also set the tone for the
types of massing and quality expected along this corridor. In addition, the
continued use of a service station in addition to a market use provides a
complementary mix of uses that meet the needs of local residents while
eliminating noise and visual impacts from the existing automotive repair
operations.
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PLANNING COMMISSION RESOLUTION NO. 2676
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.
2. That the Planning Commission does hereby approve Precise Plan and Conditional
Use Permit 16-180, 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 this 16th day of August 2016, by the
following vote, to wit:
AYES: GREGORY, GREENWOOD, KELLY, and PRADETTO
NOES: NONE
ABSENT: DE LUNA
ABSTAIN: NONE
ATTEST:
JOHN GREEN GdD, CHAIRPERS N
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2676
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 16-180
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. Construction of said project shall commence within two years from the date of final
approval unless an extension of time is granted; otherwise said approval shall become
null, void, and of no effect whatsoever.
3. Any proposed changes to this Precise Plan will require an amendment to the
application, which will result in a new public hearing.
4. Amplified equipment or exterior speakers are prohibited for use at this site.
5. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting
Ordinance.
6. All visible building exteriors shall be finished with paint and/or stucco. No visible
building elevations, or precision block, shall be left unfinished.
7. Final landscape plans shall be submitted to the City's Community Development
Department and the Coachella Valley Water District for review and approval. The
landscape plan shall conform to the preliminary landscape plans prepared as part of
this application, and shall include dense plantings of landscape material. All plants shall
be a minimum of five gallons in size, and palm trees shall be a minimum of 18 inches at
the base.
8. The existing pole signs shall be removed from the site during demolition of the existing
site improvements.
9. The applicant shall submit a signed application to the City's Department of Community
Development for any building mounted or monument signs associated with the project.
Department of Public Works:
9. The applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil or landscape plans must be reviewed
for approval prior to work commencing.
10. The grading plan shall identify all proposed and existing utilities.
11. The applicant shall submit a PM10 application for approval. The applicant shall comply
with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
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PLANNING COMMISSION RESOLUTION NO. 2676
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12. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
13.The applicant shall submit a final Water Quality Management Plan (WQMP) for
approval. The WQMP shall identify the Best Management Practices (BMPs) that will be
used on the site to control predictable pollutant runoff. Prior to the issuance of a
grading permit, the Operation and Maintenance Section of the approved final WQMP
shall be recorded with the County's Recorder Office and a conformed copy shall be
provided to the Public Works Department.
14. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section
26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653.
15. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of off -site improvements.
Department of Building and Safety:
16. 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.
MirD. 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.
17.An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
18.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.
19.AII exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
20.Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and
11B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an
ADA requirement is more restrictive than the State of California, the ADA requirement
shall supersede the State requirement.
21.Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
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PLANNING COMMISSION RESOLUTION NO. 2676
22.AII contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
23.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.
24.Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address
location, dimension, stroke of line, distance from the street, height from grade, height
from the street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1265 or Municipal Code Section
15.28 from the Department of Building and Safety counter staff.
25. Please contact Cherie Williams, Building Permit Specialists I, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
Fire Department:
26.The project may have a cumulative adverse impact on the Fire Department's ability to
provide an acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures, traffic,
and population. The project proponents/developers will be expected to provide for a
proportional mitigation to these impacts via capital improvements and/or impact fees.
27. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code,
and Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
28. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuance.
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