HomeMy WebLinkAboutPC Resolution _5022- Case 5.1048- CUPMENEIr- --y -
RESOLUTION NO. 5022
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DENYING CASE NO 5.1048 - CUP,
PROPOSED GOODWILL THRIFT STORE, LOCATED AT 150
SOUTH SUNRISE WAY, ZONE CDN, APN 502-161-004.
WHEREAS, on June 8, 2005, The Planning Commission approved Case No. 5.1048 - CUP for a
proposed secondhand store, located at 150 South Sunrise Way; and
WHEREAS, on July 6. 2005, the City Council found that the proposed use was a Thrift Store and
The Council referred to the Planning Commission, the issue of whether a thrift store is an
appropriate use in the CDN Zone and reconsideration of the proposed CUP; and
WHEREAS, on July 6, 2005, the City Council sent back Case No. 5.1048 - CUP, the use of a thrift
store in the CDN Zone, to be re -considered by the Planning Commission; and
WHEREAS, on July 27, 2005, a public hearing was held where the Planning Commission addressed
the question of whether a Thrift Store was an acceptable use in the CDN Zone; and
WHEREAS, the Section 92.10.01(A) of the Zoning Ordinance does not list Thrift Store as a
permitted use by right of zone; and
WHEREAS, the Section 92.10.01(B) of the Zoning Ordinance does not list Thrift Store as a similar
use permitted by Commission Determination; and
WHEREAS, the Section 92.10.01(C) of the Zoning Ordinance does not list Thrift Store as a use
permitted by a Land Use Permit; and
WHEREAS, the Section 92.10.01(D) of the Zoning Ordinance does not list Thrift Store as a use
permitted by Conditional Use Permit; 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 CEQA guidelines Section 15063, the Planning Commission finds as
follows: A draft Negative Declaration of environmental impact was prepared for the
application, including the Conditional Use Permit. The Environmental Assessment
was distributed to local agencies and interested parties. Conditions of Approval
regarding the use of a Goodwill Thrift Store were included as a part of the proposed
project.
Section 2: Pursuant to Zoning Ordinance Section 94.02.00:
a. That the use of Thrift Store is not listed as a permitted use by right of zone in the CDN
zone.
b. That the commission may, by, resolution of record permit any other uses, which may be
determined to be similar to the uses permitted by right of zone, or conditional use permit,
and not more obnoxious or detrimental to the public health safety and welfare or to the
other uses permitted in the CDN zone.
Thrift Stores are not similar to other uses permitted in the CDN Zone.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
hereby finds that Thrift Stores should not be permitted in the CDN Zone for any purpose and
therefore Conditional Use Permit 5.1048 is hereby denied.
ADOPTED this 101h day of August 2005.
AYES: 7
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
Chairman of the Planning Com fission
CITY OF PALM SPRINGS, CALIFORNIA
ry of the Planning Commission