HomeMy WebLinkAboutRes No 27171
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PLANNING COMMISSION RESOLUTION NO. 2717
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
(CUP) FOR THE OPERATION OF A SMALL COLLECTION RECYCLING
FACILITY WITHIN THE PARKING LOT OF AN EXISTING SHOPPING
CENTER LOCATED AT 74-590 HIGHWAY 111
CASE NO: CUP 17-0001
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of April 2018, hold a duly noticed public hearing to consider the request by
rePlanet, LLC., for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
previously make a use determination that recycling collection centers and other similar type
uses are compatible with larger commercial shopping centers under Planning Commission
Resolution No. 2664, and that said uses require a Conditional Use Permit; 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 District Commercial Center (PC-(2)) which
allows for a wide range of principal and accessory commercial land uses. The
proposed use will be accessory to the established supermarket and provide Palm
Desert residents with a convenient location to redeem recyclable beverage containers
for the deposit value of the items.
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.
PLANNING COMMISSION RESOLUTION NO. 2717
Based on the facility's operational characteristics and recommended conditions of
approval, the proposed facility will not have adverse effects in the vicinity. The
proposed facility is located in an area frequently underutilized by vehicle parking and
does not impact vehicle traffic or circulation at the site. On -site staff and remote
monitoring of the site ensures that problems such as debris, vandalism, and graffiti
are addressed immediately. In addition, the facility has been architecturally treated to
blend in with the existing center, is screened by existing landscaping 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 facility complies with the development standards for the District Commercial
Center 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 small collection recycling facility 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 nine -acre shopping center, 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 shopping center.
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 Conditional Use Permit 17-
0011, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2717
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PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 3rd day of April 2018, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, and PRADETTO
NOES: NONE
ABSENT: GREGORY and HOLT
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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e)ct-H PRADETTO, CHAIRPERSON
PLANNING COMMISSION RESOLUTION NO. 2717
CONDITIONS OF APPROVAL
CASE NO. CUP 17-0001
Community Development Department:
1. The placement and operation of the recycling facility shall conform substantially with
approved exhibits on file with the Department of Community Development, except as
modified by conditions herein.
2. The project site shall be developed and maintained in conformance with the approved
plans and exhibits on file with the City. Any variation from the approved plans must be
reviewed and approved by the Community Development Department prior to building
permit issuance, and may require review and approval by the Planning Commission
and/or City Council.
3. The Permittee shall agree to defend, indemnify, and hold harmless, the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding against
the City of Palm Desert or its agents, officers or employees, to attack, set aside, void, or
annul, any approval of the City of Palm Desert, whether by its City Council, Planning
Commission, or other authorized board or officer of the City. The City of Palm Desert shall
promptly notify the Permittee of any such claim, action, or proceeding, and the City of
Palm Desert shall cooperate fully in the defense.
4. The Permittee or successor in interest shall meet the applicable code requirements of all
City Departments.
5. The Permittee shall monitor the site 24 hours a day either remotely or in person. All debris,
graffiti and discarded items shall be cleared and or removed from the site within 24 hours.
6. The name and telephone number of the owner or manager of the facility shall be
conspicuously posted at the project site for the public to directly report issues of concern.
7. The Permittee or successor in interest shall register in writing with Department of
Community Development the name of a responsible contact or authorized agent, address,
and telephone number to whom any notice should be given should issues with the
operation of the facility arise.
8. The project shall adhere to the City regulations governing noise levels and the allowed
level of ambient noise as specified in Chapter 9.24 of the Palm Desert Municipal Code
(PDMC).
9. Containers shall be constructed and maintained with durable, waterproof and rustproof
material and shall be full enclosed.
10. Containers shall be clearly marked to identify the types of recyclables that may be
deposited.
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PLANNING COMMISSION RESOLUTION NO. 2717
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11. The facility shall not impair the landscaping required for any concurrent use or any permit
issued thereto.
12. The facility shall not operate power -driven sorting and or/consolidating equipment, such
as crushers or balers.
13. Use of the facility for deposit of solid waste or hazardous waste is not permitted.
14.Operation shall not encroach or obstruct parking lot circulation, access driveways, ADA
paths of travel or emergency vehicle access.
15. The staffed hours of operation shall be 9:00 a.m. to 4:30 p.m. Tuesday through Saturday.
16. Loading and unloading of bins shall be limited to 8:00 a.m. to 10:00 p.m.
17. No outdoor storage is permitted.
Building and Safety Department:
18. This project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Electrical Code.
C. 2016 California Administrative Code.
D. 2016 California Fire Code and its appendices and standards.
19. The recycling facility will be required to meet all the applicable provisions for disabled
access per 2016 CBC Chapters 11B.
20. 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.
21. All 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.
Public Works Department:
22. The Permittee shall have all wash water follow the existing drainage design on the
approved grading plan, G-597, on file with the City of Palm Desert. The Permittee shall
supply and maintain a Connector Pipe Screen, or approved equal, to be inserted into the
receiving catch basin at the northeast corner of the property for capture of recycling debris.
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