HomeMy WebLinkAbout18614 - RESOLUTIONS - 6/7/1995 RESOLUTION NO. 18614
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 5 . 0648 TO ALLOW THE MARKET FAIR TO
BE OPEN ANY DAY OF THE WEEK (EXCEPT THURSDAY
NIGHTS) BETWEEN 5: 00 A.M. AND 10: 00 P.M. , ,
PERMISSION TO HAVE ON--SITE TEMPORARY LIGHTING,
PERMISSION TO SELL USED ITEMS, PERMISSION TO
SELL BEER AND WINE, PERMISSION TO RENT PARKING
SPACES FOR CAR RENTAL AND/OR NEW CAR SALE
AGENCIES, PERMISSION TO ALLOW VENDORS TO LEAVE
FEES AND CANOPIES UP FRIDAY THROUGH 'SUNDAYS,
MODIFY VENDORS AGREEMENT TO COMPLY WITH THE
OPERATIONS PROGRAM, PERMISSION TO HAVE SPECIAL
EVENTS, PERMISSION TO HAVE MINI-STORAGE UNITS
AND FOOD CONCESSION STANDS, SUBJECT TO THE
AMENDED CONDITIONS STATED, FOR AN OUTDOOR
MARKET FAIR ON THE SOUTHEAST CORNER OF RAMON
ROAD/CROSSLEY ROAD, W-M-1 (IL) , SECTION 20
WHEREAS, The Palm Springs Market Fair, (the "Applicant") has filed
an application with the City pursuant to Section 9402 . 00 of the
Zoning Code to revise the existing Conditional Use Permit, to allow
capacity to open any day of the week (except. Thursday nights)
between 5: 00 a.m. and 10: 00 p.m. , permission to have on-site
temporary lighting, permission to sell used items, permission to
sell beer and wine by only the Market Fair management, permission
to rent parking spaces for car rental and/or new car sale agencies,
permission to allow vendors to leave frames and canopies up Friday '
through Sundays, modify vendors agreement to comply with operations
program, special events, mini-storage units, and food concession
stands for an outdoor market fair on the southeast corner of Ramon
Road/Crossley Road (the "Project") , W-M-1 (IL) Zone, Section 20; and
WHEREAS, on April 2.6, 1.995 and May 10, 1995 public hearings on the
revised application for Conditional Use Permit No. 5 . 0648 was held
by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed revised 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 i-or public
review and comment in accor.da.nce with CEQA; and
WHEREAS, at the conclusion of its public hearings on April 26, 1995
and May 10, 1995, the Planning Commission adopted Resolution No.
4445, recommending that the City Council approve revisions listed
herein to Conditional Use Permit No. 5 . 0648 subject to the findings
and conditions stated in Resolution No. 4445; and
WHEREAS, notice of 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 June 7 , 1995, a public hearing on the application for
the revisions to Conditional Use Permit No. 5 . 0648 recommended
herein 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 revisions to the
j Project, including but not limited to the staff report, all
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R18614
Page 2
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:
' 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 outdoor market 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 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 amended 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.
R.l8614
Page 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the f o:regoing, the
City council hereby approves the revisions listed herein to
Conditional Use Permit No. 5. 0648 subject to those amended
conditions set forth in Exhibit A, on fi?-- 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 7th day of June _, 1995. ,
AYES: Members Hodges, K:leindienst, Lyons, Resler-Spurgin and Mayor Maryanov
NOES: None
ABSENT: None 11
ATTEST: CITY OF PALM S*.�, acCe'r
ALIFORNIA
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By: —
Clerk
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