Loading...
HomeMy WebLinkAbout18551 - RESOLUTIONS - 2/1/1995 RESOLUTION NO. 18551 RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF PALM SPRINGS„ CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5. 0356-PD-168-A TO ALLOW A TEMPORARY THREE-DAY OUTDOOR EVENT FOR M:'�RCH 17-19, 1995, WHICH WILL INCLUDE LIVE ENTERTAINMENT.' AT THE OASIS WATER PARK LOCATED AT 1500 SOUTH GENE AUTRY TRAIL, M--1 ZONE, SECTION 20. WHEREAS, the Oasis Water Resort and the Palm Springs Suns ' Management, ("the appli.car.+ts") have filed an application with the City pursuant to Section 9402 .00 of the Zoning Code for a Conditional Use Permit to allow a temporary three:-day outdoor event at the Oasis Water Park located at 1500 South Gene Autry Trail, M-1 Zone, section 20; and WHEREAS, the Planning Commission considered the Conditional Use Permit at its regular meeting on January 11, 1995; and WHEREAS, the Planning Commission recommended to the City Council approval of Case 5 . 0356-PD-168-A at its regular meeting on January 11, 1995; and WHEREAS, the City council considered the Conditional Use Permit at its regular meeting on Fel:)ruary 1., 1995; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing, on 'the project, included but not limited to the staff report and all written and oral testimony presented at the hearing. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1.: Pursuant to CEQA, the City Council finds as follows: The final Negative Declaration has been completed in compliance with CEQA, California Environmental. Quality Act. 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 impact as a ;sult of the approval of this project. Because of mitigation ".,easures identified in the Negative Declaration have been incorporated into the Project which mitigate any potential significant environmental impact to a point where clearly no significant impact will occur as a result of the project. The mitigation measures adopted are identified as conditions of approval for CASE 5. 0356-PD-168 - A. 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 'Ilse Permit is authorized by -the Zoning Ordinance. b. The use applied :for is necessary or desirable for the development of the community, and is not detrimental to _. existing uses or to future uses specifically permitted in the zones in which the proposed use is to be located. C. That the proposed use is consistent with the proposed General Plan. R18551 Page 2 7� do The site for the intended use is 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 feature uses of the land in the neighborhood. e. 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. f. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zones' property development standards. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, California, hereby recommends the filing of the Negative Declaration and approval of the proposed Conditional Use Permit No. 5. 0356--PD-168 --A, subject to those conditions set forth in the attached Exhibit "A" , which are to be satisfied prior to the issuance of certificates of occupancy unless otherwise specified. ADOPTED this 1st day of_ February 1995. AYES: Members Hodges, K'Ieindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: None ATTEST: tITY ;OF PAi,NI S P- S, CALIFOR-NIA Bj. City Clerk City Manager REVIEWED & APPROVED AS TO FOR14 ! _ ]RESOLUTION NO. 18551 EXHIBIT A CASE 5. O'_156-PD-168 -A CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Building, the Chief of :Police, or the Fire Chief, or their designee, depending on which department recommended , the condition, any bond or agreement required hereunder shall be in a form approved by the City Attorney'. PLANNING 1. That the proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code or any other City Codes, ordinances and resolutions which supplement -the zoning district regulations. 2 . The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to ,:attach, set aside, void or annul, an approval of the City of Palm Springs, its advisory agencies, or legislative body concerning Ca.se 5. 0356- PD-186-A. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Pain Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or ' proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be .responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgeinent or failure to appeal, shall not cause a waiver of' the indemnification rights herein. 3 . The event will be subject to Chapter 11.. 74. of the Palm Springs Municipal Code with respect to maximum allowed noise levels unless the City Council suspends this Ordinance. 4 . That the applicant develop and submit, to the City Engineer and the Chief of Police for their review and approval, a traffic control program which should include but not be limited to proper delineation at the entrance to the water park, an officer or qualified personnel to supervise and mitigate passible traffic congestions at the entrance to the park. 5. The applicant shall notify and secure am>> permits required from the California Department of Transportation (CALTRANS) prior to the event. and copy of the notification/permit shall ' be provided to the Department of Planning and Building. 6. 'The applicant shall notify and secure required permits from the County Health Department. 'i. The applicant shall contact the City of Palm Springs Business Department and secure: all required licenses for the event. S . The applicant shall notify and secure necessary approvals from the Fire Department. R18551 Page 2 9. The applicant shall secure all required permits from the Building and Safety Division. 10. All amplified music shall be limited to the hours of 11: 00 a.5r. to 9: 00 p.m. However, water park operations and activities may operate normal hours. ' 11. The applicant shall submit detailed stage plans for review and approval by the Department of Planning and Building. 12 . The applicant, prior to the event, shall submit documentation from a nose consultant that all amplified music shall conform to the Palm Springs Municipal Code. 13 . The stage shall be built below grade level to help mitigate possible noise impact.