HomeMy WebLinkAbout18265 - RESOLUTIONS - 1/5/1994 5`U
RESOLUTION NO. 18265J
14/
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE U
x3�
PERMIT NO. 5 . 0648, SUBJECT TO THE CONDITIONS GG
STATED, TO ALLOW AN OUTDOOR MARKET FAIR ON THE "�-
SOUTHEAST CORNER OF RAMON ROAD/CROSSLEY ROAD,
W-M-1 (IL) , SECTION 20
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
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
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
NHEREAS, 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
NJEREAS, subsequent to the October 20, 1993 City Council hearing,
.�i defect was discovered in the noticing of the public hearing, and
the matter was renoticed for the January 5, 1994 City Council
.earing.
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 :
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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
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 comments 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
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 finds 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 21081 . 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 repeals Resolution No. 18202 enacted on
October 20, 1993 and approves Conditional Use Permit No. 5 . 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.
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ADOPTED this 5th day of January 1994.
AYES : Members Hodges, Lyons, Reller-Spurgin, and Mayor Maryanov
NOES: Member Schlendorf
' ABSENT: None
ATTEST: CITY OF PALM SPRIN CALIFORNIA
Byt _
City Clerk ' ) i anag
REVIEWED & APPROVED
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