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Home My WebLink About20057 - RESOLUTIONS - 6/6/2001 RESOLUTION NO. 20057 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, , CALIFORNIA, OVERRULING THE PLANNING COMMISSION'S DECISION CONCERNING CASE 5.0869- AND ISSUING A CONDITIONAL USE PERMIT TOALLOWA THRIFT SHOP OPERATED BY A CHARITABLE ORGANIZATION AT 425 SOUTH SUNRISE WAY,C-1 ZONE, SECTION 14. WHEREAS, Desert Charities, (the "Applicant") filed an application with the City pursuant to section 9402.00 of the Zoning Ordinance for a Conditional Use Permit to allow a thrift shop operated by a charitable organization at 425 South Sunrise Way, C-1 Zone, Section 14; and WHEREAS, the hours of operation will be 9 a.m to 4:00 p.m. Monday through Saturday; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an appeal of the Planning Commission's decision with respect to an application for Conditional Use Permit 5.0869 was filed in accordance with applicable law; and WHEREAS, on May 16, 2001, a public hearing on an appeal of the Planning Commission's decision with respect to the application for Conditional Use Permit 5.0869 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 written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). 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's zoning ordinance. Pursuant to the Zoning Ordinance, thrift shops operated by charitable organization is a use which is conditionally permitted in the C-1 zone. Resolution 20057 Case 5.0869: Appeal ' June 6, 2001 Page 2 b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located and is necessary or desirable for the development of the community. C. 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 future uses of land in the neighborhood. The project is proposed in a unit located within an existing shopping center with sufficient parking to accommodate the proposed use. d. 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. ' This property is located on a major thoroughfare. The number of vehicles will not significantly increase due to the proposed use. Therefore the granting of this Conditional Use Permit with the conditions of approval will not adversely affect traffic. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. 1 Resolution 20057 Case 5.0869: Appeal June 6, 2001 ' Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby overrules the decision of the Planning Commission and approves Conditional Use Permit 5.0869 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 6th day of June 2001. AYES: Members Hodges, Jones, Oden and Reller-Spurgin NOES: Mayor Rleindienst ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CA IFORNIA y Clerk City �lianacler / L/ 1 REVIEWED AND APPROVED: 1 Resolution 20057 Case 5.0869: Appeal ' June 6, 2001 Page 4 EXHIBIT A CASE 5.0869-CUP DESERT CHARITIES CONDITIONS OF APPROVAL June 6, 2001 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: ' 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance,Municipal Code,oranyotherCity 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 legislative body, advisory agencies, or administrative officers concerning Case 5.0842-CUP.The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs orwill 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 applicant 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adversejudgmentorfailure to appeal,shall not cause a waiver of the indemnification rights herein. 3. Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Resolution 20057 Case 5.0869: Appeal , June 6, 2001 Page 5 4. The appeal period for a Conditional Use Permit application is '15 calendardays from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. Separate architectural approval and permits shall be required for all signs. 6. No sirens, outside paging, speaker system or any type of signalization will be permitted, except approved alarm systems. 7. No outside storage of any kind shall be permitted. 8. The applicant shall be required to maintain the opening hours as stated on the Conditional Use Permit application. Any future modifications to the hours of operation shall require prior approval by the Planning Commission. 9. The applicantlowner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. Any transference of this Conditional Use Permit upon change of ownership is subject to review by the City. 10. Regular site inspections shall be made to ensure thatthe storefront and parking area , is kept clean and free of any trash, debris, or items that may be inadvertently dropped off. 11. Cooking, food preparation or food distribution in conjunction with this use is prohibited on this site. BUILDING DEPARTMENT: 12. Prior to any construction on-site, all appropriate permits must be secured.