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HomeMy WebLinkAbout18202 - RESOLUTIONS - 10/20/1993r �• RESOLUTION NO. 18202 OF THE CITY COUNCIL OF THE CITY OF PALM r SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 5.0648, SUBJECT TO THE CONDITIONS STATED, TO ALLOW AN OUTDOOR MARKET FAIR ON THE SOUTHEAST CORNER OF RAMON ROAD/CROSSLEY ROAD, W-M-1(IL), SECTION20- - - - - WHEREAS, Anthony T. Salvaggio, (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code for a Conditional Use Permit to allow an outdoor market fair on the southeast corner of Ramon Road/Crossley Road (the "Project"), W-M-1(IL) Zone, Section 20; and ' WHEREAS, notice of a public hearing of the Planning Commission of r the City of Palm Springs to consider Applicant's application for Conditional Use Permit No. 5.0648 was given in accordance with applicable :Law; and WHEREAS, on September 22, 1993, a public hearing on the application for Conditional Use Permit No. 5.0648 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit No. 5.0648 is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); and a Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and r WHEREAS, at the conclusion of its public: hearing on September 22, 1993, the Planning Commission adopted Resolution No. 4270, recommending that the City Council approve Conditional Use Permit No. 5.0648 subject to the findings and conditions stated in Resolution No. 4270; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Conditional Use Permit No. 5.0648 was given in accordance with applicable law; and WHEREAS, on October 20, 1993, a public hearing on the application for Conditional Use Permit No. 5.0648 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council 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, all environmental data including the initial study, the proposed Negative Declaration and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: r The final Negative Declaration has been completed in ' compliance with CEQA, the State CEQA Guidelines, and the ' City's CEQA procedures contained in the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Negative r 18202 Page 2 Declaration and finds that it adequately discusses the significant environmental effects of the proposed Project, and that, on the basis of the initial study and coraments received , during the public review process, there is no substantial evidence that there will be any significant: adverse environmental effects as a result of the approval of this r :Project. The City Council further finds that the Negative Declaration reflects its independent judgment. Section 2: Pursuant to Zoning ordinance Section 9402.00, the ' City Council winds that: a. The use applied for at the location set forth in the ' application is properly one for which a conditional use permit , is authorized by the City Zoning Ordinance. b. The proposed outdoor market use complements the resort nature of the City, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. C. The site for the intended use in adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. f. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. g. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. Section 3 : A mitigation monitoring program has been adopted pursuant to Public Resources Code Section 23-081.6 in order to assure compliance with the above. - referenced mitigation measures during Project implementation„ These mitigation measures are , included as conditions of approval to the Project. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, , the City Council hereby approves Conditional Use Permit No. E5.0648 subject to those conditions set forth in Exhibit A„ on file in the City Clerk's office, which are to be ,satisfied prior to the issuance of a Certificate of occupancy unless other specified. ADOPTED this 20th day of October , 1993, A.YES:: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES., None ABSENT: None ATTEST: C Y OF PALM SPR; CALIFORNIA �j By j City Clerk city Manakier ' t REVIEWED & APPROVED Y a